JAYANTA KUMAR BOSE Vs. SWAPAN KUMAR SAHA

JUDGEMENT

(1.) THE Judgment of the Court was delivered by this appeal has been filed by the defendants in C. S. No. 248 of 2006 challenging the judgment and order passed by the learned single Judge dated 22nd January, 2008 whereby two applications filed by them seeking dismissal of the suit on the ground of limitation have been dismissed.

(2.) THE suit was filed claiming specific performance of an agreement, as recorded in agreement dated 23rd September 1988, by directing the defendants to execute and register the appropriate conveyance in favour of the plaintiff. The claim put forward by the plaintiff is that the defendants through defendant No. 1 entered into negotiation with regard to the sale of suit premises fully described in the plaint. Pursuant to the negotiations on or about 2nd August, 1988 an agreement was entered into between the parties whereby the defendants agreed to sell and the plaintiff agreed to purchase the suit premises on certain terms and conditions. Brief summary of the relevant conditions is as under:

(3.) IT is the case of the plaintiff that the defendants failed to obtain 'no objection Certificate' from the Income Tax Authorities under sections 269 ul and 230a of the Income Tax Act, 1961. In fact, the Income Tax Authorities had served, a notice dated 22nd November, 1988 on the defendants as well as the plaintiff informing them about an order of purchase of the suit premises under section 269ud (1) of the Income Tax Act, 1961.