PRASANTA KUMAR CHAKRABORTY Vs. SOMNATH DUTTA

JUDGEMENT

(1.) The present first appeal has been preferred by the plaintiff in a suit for specific performance of a contract. In the said suit, the original defendant Nos. 1 and 3, namely Smt. Gita Dutta and Smt. Sabita Dutta alias Saba Haque respectively, filed with their joint written statement a counter claim for eviction against the plaintiff. The defendant no.2 Somnath Dutta also filed a written statement independently, virtually admitting the plaint case.

(2.) During the pendency of the suit, however, a separate amended written statement was filed by the defendant no.1, whereby she disowned her previous joint written statement and counter claim and supported the plaint case.

(3.) The original defendants Smt. Gita Dutta, Sri Somnath Dutta and Smt. Sabita Dutta alias Saba Haque were initially arrayed as respondents in the appeal. Smt. Gita Dutta having died during pendency of the appeal, her name was expunged, as the two other respondents survived her as her only heirs and legal representatives. Sri Somnath Dutta had all along supported the plaint case and has not contested the appeal. Since only the Defendant / Respondent No. 3 Smt. Sabita Dutta alias Saba Haque has contested the suit and the appeal, she is being referred as "the respondent" hereunder.