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1973 Supreme(Cal) 303

SUDHAMAY BASU
NARAYAN CHANDRA GARAI – Appellant
Versus
MATRI BHANDAR PVT. LTD. – Respondent


SUDHAMAY BASU, J.

( 1 ) THIS is a petition by (1) Sm. Annapurna De, inter alia, to be added as a party defendant in suit and for an order vacating and/or setting aside an order of injunction dated the 9th September, 1969.

( 2 ) THE case made out by the petitioner is, as would appear from the affidavit of one Sudhangshu Kumar Seal affirmed on the 14th September, 1973 in support of the petition, that she is a widow and housewife residing at Calcutta. On 17th May, 1969 she entered into an agreement with one Sanatan Kumar Daw, the defendant No. 2 in this suit to purchase the property of the defendant No. 2, a two storied building at Bethuadahari, Nadia for a price of Rs. 18,000/ -. She paid a sum of Rs. 2,000/- by way of earnest money. The transaction was to be completed within six months from the date. The petitioner was to advance further sums to the vendor from time to time if the latter would be in need of the same. It is further alleged that the petitioner up to the 1st of August, 1967 advanced Rs. 13,000/- by various instalments. It is also stated that the defendant No. 2 deposited title deeds of the property at Calcutta and by two letters dated 21-2-1976 B. S. and 17-4-1976 B.










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