KANCHILAL PAUL Vs. SASTHI CHARAN BANERJEE AND ORS.

JUDGEMENT

(1.) This first appeal is at the instance of a plaintiff in a suit for specific performance of contract and is directed against the judgment and decree dated 24th March, 2004 passed by the learned Civil Judge, Senior Division, First Court, Barasat, in Title Suit No. 123 of 1999, thereby dismissing the suit on the sole ground that the agreement for sale was written on insufficiently stamped paper and as such, on the basis of such an agreement, no decree could be passed in favour of the plaintiff. The learned Trial Judge, however, decided all other issues in favour of the plaintiff on merit. The defendant Nos. 2 and 3, the subsequent purchasers, however, have filed a cross -objection thereby disputing the findings of the learned Trial Judge on all other issues decided in favour of the plaintiff.

(2.) The case made out by the plaintiff may be summed up thus:

(3.) The suit was contested by the defendants by filing two sets of written statements, one by the defendant No. 1 and the other, jointly by defendant Nos. 2 and 3.