MD ZIAUL HAQUE Vs. CALCUTTA VYAPER PRATISTHAN

JUDGEMENT

(1.) The plaintiff instituted this suit for a decree for specific performance of the agreement for sale in respect of the property mentioned in the plaint. There are consequential reliefs prayed for, namely a direction on the defendant to execute and register the conveyance in respect of the property, a direction on the Registrar to settle or execute the conveyance if necessary.

(2.) The alternative prayers are a decree for Rs. 3,00,001 with interest in terms of paragraph 18 of the plaint, and a sum of Rs. 1,00,000 in terms of paragraph 19 of the plaint, and if necessary an enquiry as to the amount due. The plaintiff has also asked for a declaration that the property stands charged for the due payment of the sum of Rs. 3,00,000.

(3.) The allegations in the plaint are as follows. First, that between 30 April 1963 and 6 May 1963 it was agreed by and between the parties through Ramkisanji Dhanuka that the defendant would sell to the plaintiff and the plaintiff would purchase from the defendant the property mentioned in paragraph 1 of the plaint free from all encumbrances at or for the price or consideration of Rs. 10,75,000. Secondly, that the defendant would make out a good and marketable title to the said property. Thirdly, that the plaintiff would advance a sum of Rs. 25,001 to the defendant towards or on account of earnest money and in part payment of the agreed purchase price or consideration. Fourthly, that the balance sum of Rs. 10,49,999 would be paid by the plaintiff to the defendant at the time of the execution of the conveyance. Fifthly, that every effort would be made by the parties to complete the transaction by 16 June, 1963, but time would not be treated as essence of the contract. Sixthly, that the conveyance would be either in favour of the plaintiff or his nominee or nominees.