PRATHA SARATHI GHOSE Vs. MAA CONSTRUCTION

JUDGEMENT

(1.) THE appellant and the respondent No. 2 were the owners of a land and building measuring 5 cottah 14 chalaks and 12 sq. ft. more or less being plot No. 196/598, Khatian No, 449 in Mouza - Ban Hooghly within the local limits of Baranagar Municipality in the district of 24-Parganas (North), They entered into a development agreement with the respondents No. 1 being a partnership firm of which respondent No. 1 (a), 1 (b) and 1 (c) were the partners, for construction of a building on the said land in question. The property was originally owned by one Usha Rani ghosh since deceased who by her last Will and testament bequeathed the said property to the appellant and the respondent No.

(2.) BY the said agreement it was agreed that the developers would do necessary act and make an endeavour for obtaining probate of the Will of the said Smt. Usha Rani Ghosh since deceased. They would also upon taking possession of the said property measure and survey of the said property and prepare appropriate building plan for construction of a new building on the said land in question by demolishing the existing old structure at their own cost and responsibility. The said agreement also provided that in case of any dispute the matter would be referred to arbitration. As part performance of the said agreement the respondent No. 1 paid diverse sums of money to the appellant and the respondent no. 2. They also caused obtaining probate of the said Will of Smt. Usha Rani ghosh since deceased. They also prepared a building plan and submitted to the municipality.

(3.) BEING aggrieved and dissatisfied with the Judgment and order of the learned District judge the appellant preferred the instant appeal.