MINATI DEBI @ MINATI ACHARYA Vs. SUTAPA ROY @ DAS

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against an order being No.12 dated 3rd April, 2013 passed by the learned Civil Judge (Senior Division), First Court at Barasat in Title Suit No.768 of 2011, at the instance of the defendant/appellant.

(2.) By the impugned order, the defendant was restrained from transferring, alienating or parting with the possession of the suit property to any third party till the disposal of the suit. Such injunction order was passed by the learned Trial Judge in a suit for specific performance of contract filed by the plaintiff/respondent. The plaintiff/respondent claims that she entered into an agreement for sale with the defendant/appellant for purchasing the 'A' schedule property for a consideration of Rs. 10 lacs. Such agreement was entered into between the parties on 3rd Feb., 2010. She further claims that a sum of Rs. 1,35,000.00 was paid by her to the defendant towards earnest money in terms of the said agreement. The plaintiff further claims that the defendant did not supply the original documents of title relating to the suit property to her in terms of the said agreement, on a plea that the original title deeds were lost by the plaintiff. As a result, investigation into the title of the vendor could not be completed within the stipulated time. She further claims that she was and/or is still ready and willing to perform her part of the contract. She requested the defendant to complete the said transaction on acceptance of the balance consideration money but the defendant did not show any interest in completing such transaction.

(3.) As a result, a lawyer's notice was served upon the defendant calling upon her to execute a deed of conveyance in favour of the plaintiff on acceptance of balance consideration money. She further claims that pursuant to the said agreement, possession of the suit premises was delivered to her by the defendant on receipt of the second instalment amount.