LAWS(CAL)-1998-9-2

JAVA SEN Vs. SUJIT ICR SARKAR

Decided On September 26, 1998
JAVA SEN Appellant
V/S
SUJIT ICR SARKAR Respondents

JUDGEMENT

(1.) THE question as to whether the petitioner is entitled to interest on the amount directed to be paid by the defendant (Purchaser) So the plaintiff (Vendor) by way of consideration for execution of a deed of sale or not is the question involved in this application.

(2.) THE plaintiff-respondent filed a suit against the defendant-appellant claiming, inter alia, the following reliefs :

(3.) THE admitted fact of the mayer as follows: the plaintiff-respondent entered into an agreement for sale of june, 1996 for purchase of the flat on the first floor of the eastern side of the premises No. 1/1z/1, Garihat Road, Calcutta-68 for a consideration of Rs. 3. 25. 000/ -. The appellant initially paid a sum of Rs. 10. 000/- and later on paid several amounts totalling rs. 91. 000/- for which a receipt was granted to him by the plaintiff. The said agreement for sale was on oral one. Admittedly there existed a dispute by and between the plaintiff and the defendant as to whether a garage was also the subject-matter of the aforesaid transaction or not. The respondent had put the appellant in possession of the aforementioned premises in par performance of the contract. As despite same the balance consideration amount was not paid by the appellant. the plaintiff filed the aforementioned suit.