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1967 Supreme(Cal) 135

S.A.MASUD
AJIT KUMAR BOSE – Appellant
Versus
SNEHALATA BISWAS – Respondent


Advocates Appeared:
A.K.Panja, C.R.DUTTA

S. A. MASUD, J.

( 1 ) THIS is a suit for specific performance of an agreement for sale of a plot of land comprising an area of 5 cottahs, 9 chataks, between the plaintiffs and the defendants and also for a decree for Rs. 3, 380 as damages and also for an order that the defendants do execute a bond of indemnity in respect of the said agreement and the costs etc. According to the plaint, by a written agreement for sale dated June 20, 1960, executed within the jurisdiction of this Court, the plaintiffs agreed to purchase from the defendants and the defendants agreed to sell to the plaintiffs premises No. 37/1, Hindusthan Road, Ballygunge, Calcutta, outside the jurisdiction of this Court. The relevant terms under the said agreement may be stated as follows: (a) The plaintiffs shall pay Rs. 1,001 as earnest money at the time of the execution of the agreement and the balance price is to be paid at the time of execution of the conveyance. (b) The defendants shall make out a good and marketable title and shall complete the transaction on approval of title of the said property by the plaintiff's Solicitor. (c) The transaction shall be completed within a period of three months from the date























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