LAILY GHOSAL Vs. DEBRANJAN DEY

JUDGEMENT

(1.) CAN 5645 of 2018 is an application filed by the appellant/applicant against the respondents/opposite parties praying for an appropriate order and/or direction restraining the opposite parties No. 1 and 2 from disturbing the appellant/applicant in the matter of construction of the building as per sanctioned building plan at premises No. 311, Becharam Chatterjee Road within P.S Parnashree.

(2.) Before dealing with the above numbered application on merit for disposal, it is necessary to record the following factual background:-

(3.) The opposite parties No. 1 and 2 as plaintiffs instituted Title Suit No. 17 of 2015 against the opposite party No. 3 and the appellant/applicant praying for specific performance of contract and permanent injunction in the 7th Court of the learned Civil Judge (Senior Division) at Alipore. In the said suit, it was pleaded by the plaintiffs/opposite parties No. 1 and 2 that the opposite party No. 3 is the owner of the suit property. The opposite party No. 1 is the owner of a piece and parcel of immovable property situated adjacent to the suit property. The opposite party No. 3 entrusted the opposite parties No. 1 and 2 to look after the suit property on behalf of her. Subsequently, in the year 1978, the opposite party No. 3 expressed her willingness to sell out the suit property which the opposite parties No. 1 and 2 agreed to purchase at a consideration price of Rs. 75,000/-. The opposite party No. 3 agreed to the proposal of the opposite parties No. 1 and 2 and received earnest money amounting to Rs. 18,000/- in all in installments. On payment of earnest money, the suit property was under physical possession of the opposite parties No. 1 and 2. However, the opposite party No. 3 failed and neglected to execute the sell deed in favour of the opposite parties No. 1 and 2. They lastly approached the said owner of the suit property to complete the sell process by executing a deed of conveyance upon receiving the balance consideration money. Finally, they filed a suit being Title Suit No. 7322 of 2013 for declaration of their possession and permanent injunction against the opposite party No. 3. During the pendency of the said suit, the opposite parties No. 1 and 2 came to know that the opposite party No. 3 surreptitiously transferred the suit property by executing a registered deed of sale in favour of the appellant/applicant. This prompted the opposite parties No. 1 and 2 to file Title Suit No. 17 of 2015 against opposite party No. 3 and the appellant/applicant who purchased the suit property by a registered deed of conveyance on 16th April, 2013 on payment of consideration money amounting to Rs. 21,00,000/-.