PRADIP KUMAR ROY Vs. BIMALA BANERJEES

JUDGEMENT

(1.) This 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 July 7, 1989 passed by the learned Assistant District Judge, 7th Court, Alipore in Title Suit No. 59 of 1987 thereby refusing the prayer for specific performance of contract but granting a decree for refund of earnest money.

(2.) The appellant filed the aforesaid suit for specific performance of contract against the respondents herein and the case made out by the plaintiff was inter alia as follows :

(3.) The respondent were joint owners of land measuring more or less 2 bighas 4 cottahs 6 chitaks and 34 sq.ft. appertaining to R.S. Plot No. 343 of Khatian No. 329 of Mouza Dakshin Behala. By an agreement dated July 24, 1984 the respondents agreed to sell 10 cottahs of land out of the aforesaid land @ Rs. 6,500/- per cottah. Accordingly, earnest money of Rs. 25,000/- was paid by the appellant out of the total consideration. Subsequently, the appellant further paid a sum of Rs. 2,000/- on October 3, 1984. In course of time, the appellant spent about Rs. 40,000/- for filling up a portion of the suit property and after such filling up in May, 1985 the appellant approached the defendant for completion of the sale on taking appropriate permission from the authorities and accepting the balance sum of Rs. 38,000/-. The defendant for reason best known to them deferred the completion of the transaction by pleading personal inconvenience. Ultimately, the appellant by a letter dated February 16, 1987 sent through his learned advocate called upon the respondents to execute and register the sale deed in terms of the agreement. By an advocate's letter dated February 28, 1987 the respondents informed the appellant that the said agreement dated July 24, 1984 was cancelled and the amount paid as earnest money was forfeited. Hence the suit for specific performance of contract.