NILMONI MUKHERJEE Vs. ASIM KUMAR CHATTOPADHYAY

JUDGEMENT

(1.) BOTH the revisional applications were directed to be heard analogously by the order dated 29. 11. 2007.

(2.) THE fact leading to the filing of these revisional applications is that in both the cases the opposite parties entered into an agreement with the petitioners for purchase of flats at Ananya Complex, 309, B. T. Road, kolkata - 700 036 measuring about 1900 square feet along with a motor garage of 150 square feet area. The consideration money was fixed at rs. 12 lakhs. The vendors agreed to deliver possession of the finished flats to the purchasers, who are the opposite parties herein, within six months from the date of such agreement but not later than 31. 3. 2001. In the agreements details about the rights and obligations of both the parties were clearly mentioned.

(3.) IN spite of such agreements, the flats in question were not completed within the stipulated time and till 15. 12. 2002 possession of the flats were not delivered enough, the purchasers made major part of the payment of the consideration money through the Bank. Said Bank wrote a letter on 24. 12. 2001 to the sellers/promoters for giving possession to the purchasers and for handing over the title deeds to them, as no security could be given in favour of the Bank till that date. The promoters/petitioners took a plea that the flats could not be completed within the prescribed time limit due to unavoidable circumstances and they also undertook to complete the flats at an early date and also to register the sale deeds by middle of February, 2002 and thereby undertook to handover the title deeds to the Bank.