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1980 Supreme(Cal) 38

BIMAL CHANDRA BASAK, RAMENDRA MOHAN DATTA
SANWARMAL GOENKA – Appellant
Versus
SOUMYENDRA CHANDRA GOOPTU – Respondent


RAMENDRA MOHAN DATTA, J.

( 1 ) THIS is an appeal from the judgment and order dated 19th February, 1970 passed by Mrs. Khastgir, J. ; whereby the learned Judge dismissed the application for injunction of the appellant and directed him to pay the costs thereof.

( 2 ) THE facts relevant for the purpose of this appeal are that the respondent Gooptu gave a letter to the broker, one B. C. Baid, in connection with the sale of promises No. 11, Rowdon Street, Calcutta of which admittedly he was a part owner. The said letter read as follows :"sri B. C. Baid, 207, Maharshi Debendra Road, 12th December, 1978, Dear Sir, re : Premises No. 11, Rowdon Street, Calcutta. I shall sell the above property for a price of not less than Rs. 7,50,000/ -. If you can arrange the purchaser I shall give you commission of 2% (two per cent ). This offer will remain valid for three weeks. Yours faithfully, sd. Soumyendra Chandra Gooptu. "

( 3 ) BY letter dated January 1, 1979 written by Messrs. T. Banerji and Co. , Advocates and addressed to the respondent Gooptu the said advocates intimated Gooptu that one of their clients had instructed them to accept the said offer and the said client was agreeable to purcha





















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