SUSHIL KUMAR AGARWAL Vs. KALIDAS SADHU

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 28th February, 2007, passed by the learned Judge, Second Bench, City Civil Court at Calcutta, in Title Suit No. 1150 of 2003 thereby dismissing the said suit on the sole ground that the suit, being one for specific performance of a contract for construction of building, was not maintainable in view of the provisions contained in Section 14 (3) (c) of the Specific Relief Act.

(2.) BEING dissatisfied, the plaintiff has come up with the present appeal.

(3.) THE plaintiff/appellant filed the aforesaid suit initially claiming the following relief: