BROJKNDRA BADAN GOSWAMI Vs. TAPAN KUMAR CHAKRAVARTY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by Snri S. N. Ghosh, the learned subordinate Judge, 4th Court, Alipore in Title Suit No. 54 of 1969.

(2.) PLAINTIFF filed the aforesaid suit for specific performance of the contract and in the alternative for recovery of Rs. 20,300/-by way of damage.

(3.) IT was the case of the plaintiff in brief that the suit land measuring 42 decimal in C. S. plot no. 25 30 of khatian no. 872 in mouza Raipura belonged to the defendant no. 1 who agreed to sell one bigha land cut of the said land to Performa defendants 2 to 4 for a price at the rate of Rs. 800/- per cottah and accordingly 'executed a deed of agreement for sale on 14. 12. 64 in favour of the Performa defendants 2 to 4 after taking the earnest money of Rs. 1001/ -. It was further stipulated in the said deed of agreement for sale that on payment of the balance consideration money by the Performa defendants 2 to 4 within 2nd Magh 1371 B. S. , the defendant no. 1 would sell the land to them and execute the kobala in favour of the Performa defendants 2 to 4 or in favour of their nominee, and that in default of the payment of the balance consideration money within the time as specified, the earnest money paid to the defendant no. 1 would stand forfeited.