SANAT CHOUDHURI Vs. NARAYANA KRISHNA ACHARI

JUDGEMENT

(1.) The defendant No.2 is the applicant. This is an application for rejection of the plaint on the ground that the suit is ex facie barred by laws of limitation and also barred by law.

(2.) The plaintiff has filed a suit on 26th August, 2013 for a declaration that the Agreement for Sale dated 2nd February, 2008 executed between the plaintiff and the Late Dr. N.K. Achari is valid and subsisting. The plaintiff has also prayed for a decree for specific performance of the Agreement for Sale and other consequential reliefs. Shorn of details, the facts narrated in the plaint are:

(3.) Dr. N.K. Achari (hereinafter referred to as the "deceased") was a Neurosurgeon. The defendant No.2 is the nephew of the deceased. The plaintiff was engaged in the development of real estate. The deceased requested the plaintiff to arrange accommodation for him in Calcutta. Initially rented accommodation was arranged for the deceased and, thereafter, a flat being No.3B on the 3rd Floor of the building at 8B, Wood Street, Calcutta - 700 016 (hereinafter referred to as the "said flat") which the plaintiff initially negotiated and thought of acquiring for himself from Oxide India Limited was ultimately sold in favour of the deceased on the terms negotiated by the plaintiff with Oxide India Limited with a promise that the plaintiff, in any event, ever intended to sell the said flat would give the first offer to the plaintiff to purchase the said flat. The plaintiff due to long acquaintance with the deceased had agreed to sale on such terms and had negotiated and had facilitated the plaintiff to acquire the said flat on the terms negotiated by the plaintiff.