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1964 Supreme(Cal) 70

U.C.LAW
SARAL KUMAR CHATTERJEE – Appellant
Versus
MADHUSUDAN AUDDY – Respondent


Advocates Appeared:
S.HAZRA, SANKARDAS BANERJI

U. C. LAW, J.

( 1 ) THIS is a suit for the specific performance of a contract for the sale of the demarcated eastern portion of premises No. 92 Narkeldanga Main Road measuring about 1 Bigha 10 Cottas 14 Chittaks and 24 Sq. Ft. for the price of Rs. 45,000. 00. This suit was originally filed by the plaintiff against Kashinath Auddy, the vendor, but he having since died, the defendants Nos. 1 and 2 have been substituted in his place. The agreement of which specific performance is asked for is dated April 12, 1954 entered into between the plaintiff and Kashinath Auddy and inter alia, provides as follows: (a) The purchase shall be subject to the approval of the vendor's title to the said property by the purchaser's solicitor Mr. D. C. Dutt. (b) The vendor would deliver or cause to be delivered to the purchaser's solicitor all the title deeds in any way relating to the said property within one month from the date hereof for investigation of title. (c) The vendor would make out at his own cost a good title to the said property and would join at his own cost all necessary parties to the conveyance. (d) The purchase shall be completed within two months from the date of the approval of the






































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