P. C. MALLICK, J.

( 1 ) THIS is a suit for specific performance of an agreement for sale of two items of immovable properties, both situate at Baranagar, outside the jurisdiction of this Court. One of the two properties, being premises Nos. 14, 15, 15/1, 15/2 and 15/a Nainan Musalmanpara Lane consist of a very substantial building on land measuring 13 cottas 4 chs. , the other being premises No. 78 Nainan Musalmanpara Lane, consisting of 7 cottas of open land with practically no structure. It is pleaded in the plaint that the agreement was arrived at on 21-3-1950 at Calcutta, within the jurisdiction of this court and the entire consideration money of Rs. 20,000/- was paid in cash. It was agreed that the defendant would execute a proper sale deed within a year. This agreement and the payment of consideration are evidenced by a receipt. It appears from the said reciept that the defendant also agreed to give full possession within the same period of one year. A copy of the receipt is annexed to the plaint. It is alleged that the defendant has failed and neglected to execute the conveyance, though called upon. The decree claimed is a decree for specific performance of the agreement of

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