RABINDRA KUMAR PAUL Vs. SATYENDRA KUMAR MOOKHERJEE

JUDGEMENT

(1.) This first appeal is at the instance of a plaintiff in a suit for specific performance of contract and is directed against the judgment and decree dated September 26,1997 passed by the Civil Judge, Senior Division, 3rd Court, Alipore in Title Suit No. 186 of 1988 thereby dismissing the suit.

(2.) The appellant filed the aforesaid suit for specific performance of contract dated November 27,1977 in the 3rd Court of Civil Judge, Senior Division, Alipore on 8th July, 1988 and the case made out by the appellant may be summarised thus:

(3.) The suit was contested by the defendant by filing written statement thereby denying the material allegations made in the plant and the defence taken by the defendants is in substance as follows: