BIMAL KR. DUTT Vs. STATE

JUDGEMENT

(1.) This revisional application is directed against order No. 27 dated 5th January, 2018 passed by learned Judge, 10th Bench, City Civil Court at Calcutta being Title Suit No. 220 of 2014. at the instance of the plaintiff-petitioner.

(2.) In brief the plaint case is that the plaintiff entered into an agreement for sale of the suit property being a flat measuring about 600 sq. ft. (super built up area) be the same a little more or less on the eastern side of the three storied residential building situated at premises No. 42B, Raja Raj Ballab Street, P.S. Shyampukur, Kolkata 700 003 fully and particularly described in the first schedule of the said agreement. The agreement was executed by and between the parties on 26th July 2006. It is one of the terms in the agreement that in case the defendant failed to pay the amount of instalment being part of the consideration money, the agreement shall be deemed to have been terminated and the relationship between the plaintiff and the defendant would be licensor and licensee. On the happening of such an event that the defendant failed to act in terms of the said agreement by not paying the instalment within the time stipulated, the plaintiff revoked the licence and filed a suit for eviction against the defendant. In such a suit for eviction, the defendant has filed a written statement with counter claim. Prayers made in the said counter claim are set out below:

(3.) A separate schedule has also been mentioned while filing the counter claim. The said schedule is at page '69' and is reproduced hereinbelow: