GOPI DAS MIMANI Vs. MONIKA DAW

JUDGEMENT

(1.) The defendant no.8 has filed an application for rejection of the plaint on the ground that the suit is barred by limitation.

(2.) The plaintiffs have entered into an oral agreement in April/May 1987 with Pranab Chand Daw, the original owner for purchase of 168 Cottahs of land situated at Howrah which is commonly known as Manglahat and has paid a sum of Rs.5 lakhs towards part consideration. The oral agreement was followed by notes being prepared on the said agreement on May 3, 1987 and then again on 15th October, 1987. There are three allayed subsequent letters/notes affirming and even modifying the said agreement being respectively dated January 1, 1993, March 5, 1995 and January 7, 1996.

(3.) One month after the note of discussion dated October, 1987 the entire Mangla Hat was gutted by fire. Thereafter, within four days the property was requisitioned by the Government of West Bengal. The said requisition proceeding was challenged by the plaintiffs by filing a writ petition as they were at that stage interested to purchase the property. Mimanis on May 16, 1988 were successful in setting aside the order of requisition. The said order was challenged before the Division Bench.