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1954 Supreme(Cal) 24

MITTER
BIMAL KUMARI – Appellant
Versus
ASOKE MITRA – Respondent


Advocates Appeared:
AMIYA BOSE, B.C.DAS, B.ROY CHOUDHURY, I.P.MUKHERJI

MITTER, J.

( 1 ) THIS is a suit for (a) specific performance of an agreement for sale of a property situate outside the jurisdiction of this Court, (b) leave under Order 2, Rule 2, Civil P. C. in respect of possession of the said premises, (c) decree for Rs. 30,000/- with interest thereon at 12 per cent, from 22-1-1948 until payment if title be not found good on such enquiry, (d) alternatively, for refund of Rs. 30,000/- with interest at the said rate and decree for Rs, 10,000/- as compensation, (e) leave under Order 2, Rule 2, Civil P. C. in respect of charge on the said property, (f) leave under Clause 12, Letters Patent, (g) Receiver, (h) injunction and (i) costs.

( 2 ) THE plaintiff is the wife of one Maharaja Bahadur Singh Nahar. The original defendant was one Asoke Mitra who formerly worked as a solicitor of this Court and owned premises No. 43/1, Ramesh Mitra Road, Calcutta, situate outside the jurisdiction of this Court. The suit was filed in 1949. In 1951 the plaint was amended by the addition of a second defendant Surja Kumar Basak, who claims to have purchased the property from the said Asoke Mitra by a conveyance dated 8-12-1950 and also seeks to establish title as pu



































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