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1966 Supreme(Cal) 69

A.N.RAY
MD. ZIAUL HAQUE – Appellant
Versus
CALCUTTA VYAPER PRATISTHAN – Respondent


Advocates Appeared:
AMIYA NATH BOSE, GOURI MITRA, S.P.BANERJEE, SABYASACHI MUKHERJI

A. N. RAY, J.

( 1 ) THE plaintiff instituted this suit for a decree for specific performance of the agreement for sale in respect of the property mentioned in the plaint. There are consequential reliefs prayed for, namely a direction on the defendant to execute and register the conveyance in respect of the property, a direction on the Registrar to settle or execute the conveyance if necessary.

( 2 ) THE alternative prayers are a decree for Rs. 3,00,001 with interest in terms of paragraph 18 of the plaint, and a sum of Rs. 1,00,000 in terms of paragraph 19 of the plaint, and if necessary an enquiry as to the amount due. The plaintiff has also asked for a declaration that the property stands charged for the due payment of the sum of Rs. 3,00,000.

( 3 ) THE allegations in the plaint are as follows. First, that between 30 April 1963 and 6 May 1963 it was agreed by and between the parties through Ramkisanji Dhanuka that the defendant would sell to the plaintiff and the plaintiff would purchase from the defendant the property mentioned in paragraph 1 of the plaint free from all encumbrances at or for the price or consideration of Rs. 10,75,000. Secondly, that the defendant would make






























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