DALCHAND OMPRAKASH Vs. DHIRENDRO MULLICK & ORS

JUDGEMENT

(1.) The instant appeal arises out of a judgment and decree dated March 9, 2015, passed in a suit for specific performance filed by appellant as the plaintiff. By the said judgment and decree, the suit was dismissed.

(2.) In the said suit, the appellant / plaintiff had sought for specific performance of an agreement in writing dated Sept. 1, 1982 entered into by and between the defendant nos.1 to 4 as modified by another written document dated July 30, 1984. The appellant/plaintiff claims to be the nominee of the defendant no.4 being the respondent no.4 in the appeal. The said two agreements were allegedly entered into between the trustee of a trust and the respondent No.4. The defendant/respondent nos.1 to 3 as the trustees of the Trust known as Trust Estate Jitendro Mullick (hereinafter referred to as the said Trust) who allegedly entered into the said two agreements through the trustees. The respondent nos.5 to 9 are the added defendants being the subsequent trustees of the said Trust. The defendant no.8 is the receiver/appointee in another suit being CS No.7110 of 1990 (Purnendro Mullick vs. Dhirendro Mullick & Ors.) which is inter se between the trustees of the said Trust. The subject suit was contested jointly by the defendant nos.3, 6 and 7 respectively being the respondent nos.3, 6 and 7 in the appeal and separately by defendant no.5 being the respondent no.5 in the suit.

(3.) On the basis of the pleadings eight issues were framed which are as follows :-