HARDEODAS AGARWALLA TRUST Vs. VIJAY SINGH CHORARIA

JUDGEMENT

(1.) - The Defendant No. 1 in Title Suit 3/90 pending in the court of the Assistant District Judge, 4th court Alipore has called in question about the proprierty of the order No. 76 dated 2.8.95 rejecting the prayer of the revision petitioner filed under Order 7 Rule 11 of the C.P.Code.

(2.) The opposite party-plaintiff has filed the suit against the present petitioner who is the defendant No. 1 in the trial court for specific performance of contract of the suit properties. On the ground that the defendant No. 1, which is a trust, had executed a deed of agreement on or about 12.8.89 whereby it had agreed to execute the register sale deed on receiving full consideration amount under the, agreement. The earnest money of 2 tars was said to have been advanced. But, when the defendant Hardeodas Agarwall Trust failed to perform its part of contract, a suit for specific performance of contract was brought against it.

(3.) The petitioner after appearance has flied the written statement, inter alia, alleging that the suit as filed by the plaintiff is not maintainable inasmuch as the other members of the trust have not been impleaded in the suit. It has been further staled that the suit is otherwise not maintainable under section 269IC of the Income Tax Act or sub-section 3 of section 269U8 and sub-section 2 of section 269 UL of the Income Tax Act. But the court after having spurned those contentions, the petitioner has filed the instant revision.