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2000 Supreme(SC) 1665

ASHISH KUMAR DAS – Appellant
Versus
REKHA MUKHERJEE – Respondent


Judgment

( 1 ) THE respondent herein leased out a piece of land in favour of the predecessor-in-interest of the appellants. After the expiry of the period of lease, the respondent landlord filed Title Suit No. 412 of 1977 for eviction of the appellants. During the pendency of the suit, the respondent entered into three separate agreements for sale of the undivided suit property with the appellants herein and their mother. It is alleged that since the appellants were not willing and ready to purchase the land, the respondent vide notice dated 4/6/1990 cancelled the said agreements for sale. Under such circumstances, the appellants filed a suit for specific performance of sale in respect of the land in dispute on 31-10-1990. In the said suit, the appellants moved an application for grant of interim injunction restraining the respondent from alienating or parting with the property in dispute. The trial court granted injunction as prayed for. Subsequently, the appellants filed an application for amendment of the written statement in Title Suit No. 412 of 1977. By the amendment the appellants defended their possession on the basis of Section 53-A of the Transfer of Property Act. The sai


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