PADMA KHASTGIR, J.

( 1 ) BY an agreement dated 29th of June 1966 the plaintiff herein Baliram Dhote agreed to purchase and Bhupendra Nath Banerjee, Jitendra Nath Banerjee, Abanindra Nath Banerjee and Nihar Bala Devi agreed to sell the premises No. 8/1, Hazra Road. The salient. terms and conditions of the said agreement are set out as hereunder : --1. The Vendors agree to sell and the purchaser agrees to purchase all that the said premises No. 8/1, Hazra Road, Calcutta, fully and particularly mentioned and described in the Schedule hereunder written (hereinafter referred to as the said premises) for an absolute and indefeasible estate of inheritance in fee simple in possession or an estate equivalent thereto free from all encumbrances whatsoever at or for the sum of Rupees 2,80,000/- (Rupees Two lacs Eighty Thousand) only subject to the vendor's making out a good and marketable title thereto.

( 2 ) THE purchaser has this day paid to the vendors a sum of Rs. 10,001/- (Rupees Ten thousand and one) only as and by way of earnest money and in part payment of the consideration money and the balance sum will be paid by the purchaser to the vendors on or before the execution of the convey

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