SOVARANI GHOSE Vs. BENGAL STEEL INDUSTRIES LTD.

JUDGEMENT

(1.) This is a plaintiffs suit for Specific Performance of Contract for sale prayed by way of declaration that the defendant do execute the conveyance in respect of the property mentioned in Schedule 'A' to the plaint in favour of the plaintiff and alternatively the Registrar of this Court be directed to execute and register the conveyance in favour of the plaintiff in respect of the property mentioned in Schedule 'A' and for mandatory injunction directing the defendant to execute the Deed of Conveyance. The facts are, briefly, as follows:

(2.) By an agreement dated 14th June, 1975 with Bengal Central Building Society Ltd. as vendor on the one part and the plaintiff Sovarani Ghosh as the purchaser of the other part, it was agreed that the defendant would sell to the plaintiff all the piece and parcel of the land measuring 2 cottahs 4 chittaks being plot No. 100 of Sil Lane Land Scheme of the defendant society being a portion of premises No. 15C of Sil Lane, Calcutta outside the jurisdiction of this Court. The terms and conditions of the said agreement for sale is set out in para 1 of the plaint. The plaintiff paid from time to time a total sum of Rs. 25,105/ - only and the last payment of which has been made on 27th Dec. 1982. After the completion of all the formalities, a draft Conveyance was prepared and sent to the defendant at the defendant's office at 41 Free School Street, Calcutta within the jurisdiction of this Court which was duly approved by the defendant. As the defendant has committed breach of the obligations of the terms of the agreement, it is necessary to compel the performance of the said conveyance deed and the curt shall grant injunction to prevent the breach complained of and also to compel the defendant to perform its obligation by executing and registering the Conveyance Deed. The Bengal Central Building Society Ltd., the original defendant, as filed a written statement and substituted defendant has adopted the said written statement and is contesting the suit on the basis of the original written statement filed.

(3.) The Bengal Central Building Society has filed a written statement contending that the name of the defendant company was changed to that of Bengal Central Estates and Steel Industries Ltd. w.e.f. 26th March, 1981 and the suit is liable to be dismissed because the defendant has not been impleaded in its present name.