MANICK MOHAN SAHA Vs. MD MASUDAL HAQUE

JUDGEMENT

(1.) 1. This is to consider a suit for specific performance of contract filed before the learned Assistant District Judge, Sealdah and registered as Title Suit No. 78 of 1990. Thereafter the suit was transferred to the High Court and registered as E.O.S. No. 2 of 1996.

(2.) The plaintiff case in short is that the defendant Nos. 1 to 4 and their mother Mst. Hoorunessa Bibi entered into an agreement with the plaintiff No. 1 on 11th August, 1980 for sale of a three-storied brick built building together with land measuring 4 cottahs, 6 chittacks and 13 sq. ft. appertaining to premises No. 3, Dr. Sundari Mohan Avenue, Calcutta-16 (formerly known as plot No. 22, of surplus land of Calcutta Improvement Trust Scheme, Calcutta) which is in fact the suit property. The price agreed to be paid was Rs. 1,80,000/- and the plaintiff No. 1 paid a sum of Rs.12,000/- as advance and in part payment of the consideration money.

(3.) One Mr. Azisul Haque also known as Hazi Md. Azizul Haque (hereinafter referred to as "Hazi Sahab") since deceased while being absolutely seized and possessed of the suit property created a Wakf-A1-Aulad in respect of the suit premises by a Bengali Deed of Declaration appointing the defendant Nos. 1 to 4 and their mother Hoorunessa Bibi who thereby became Mutawallis of the said Wakf Estate from time to time.