ARUN KUMAR MUKHERJEE Vs. BOKARO STEEL EMPLOYEES CALCUTTA

JUDGEMENT

(1.) An application for stay of operation of the order appealed against being order dated 17th August, 1993, made by the learned Assistant District Judge, Seventh Court at Alipore, in Title Suit Nor. 107 of 1993 came up for hearing before this Court. As suggested and agreed, the application and the first miscellaneous appeal itself are taken up for disposal. Filling of formal paper books is dispensed with,

(2.) Having heard Mr. Tapan Kumar Mitra, learned Advocate for the defendants-petitioners-appellants and Mr. Shyama Prasanna Roychowdhury with Mr. Narayan Chandra Bhattacharyya, learned Advocates for the plaintiffs-opposite parties-respondents, it transpires that a comprehensive title suit being Title Suit No. 107 of 1993 has been filed before the learned Assistant District Judge, 7th Court at Alipore for specific performance of contract relating to the properties consisting of 3.21 acres of land situated at Mouza Paschim Barisa.

(3.) Having heard Mr. Tapan Kumar Mitra, learned Advocate for the defendants-petitioners-appellants and Mr. Shyama Prasanna Roychowdhury with Mr. Narayan Chandra Bhattacharyya, learned Advocates for the plaintiffs-opposite parties-respondents, it transpires that a comprehensive title suit being Title Suit No. 101 of 1993 has been filed before the learned Assistant District Judge, 7th Court at Alipore for specific performance of contract relating to the properties consisting of 3.21 acres of land situated at Mouza Paschim Barisa as fully described in Schedule 'A' to the plaint and alternatively for a decree for recovery of a sum of Rs. 4,96,750 as described in Schedule 'B' to the plaint. It is stated in the plaint that the plaintiff No. 1, Bokaro Steel Employees (Calcutta) Co-operative Housing Society, a proposed unregistered co-operative Society having its office at 13, Camac Street, P.S. Park Street, Calcutta, which is represented by the Chief Promoter, viz. plaintiff No. 2, Manish Chandra Mitra, entered into an agreement for sale with the defendant Arun Kumar Mukherjee, defendant No. 1 on or about 4th day of November, 1988, on payment of Rs. 2,50,000/as earnest money. Since there is allegation of failure to perform the part of contract, the suit has been filed by the aforesaid proposed unregistered co-operative society along with 9 persons described as all promoters including the Chief Promoter Manish Chandra Mina as plaintiff No. 2. In the aforesaid title suit an application for temporary injunction has been filed and the learned trial judge by the impugned order dated 17th August, 1993, has allowed the application under Order 39 Rule 1 and 2 read with section 151 of the Code of Civil Procedure restraining the defendants from transferring and/or changing nature and character of the suit property till the disposal of the suit.