SATYA BRATA SINHA, J, J.

( 1 ) THIS appeal, at the instance of the plaintiff, is directed against an order dated 27th March, 1997 whereby and whereunder the said learned Judge refused to grant an order of injunction in favour of the plaintiff. The fact of the matter is as follows :

( 2 ) THE defendant No. 2 allegedly entered into an agreement with the defendant No. 1 who is, admittedly, the owner of the suit premises who was in possession thereof till 7th March, 1995 whereafter she had shifted to another flat. The defendant No. 2 also entered into agreements with the tenants who had been occupying the premises in question in terms whereof they had surrendered their respective tenancies. A plan for construction of a multi-storeyed building upon demolition of the old structures was also sanctioned by the Calcutta Municipal Corporation on 5th of August, 1996. Allegedly, the defendant No. 2 approached the plaintiff on 19th July, 1996 for sale of the suit premises on representation that he was authorised therefor. On 20th July, 1996, allegedly, an agreement was entered into by and between the parties pursuant whereto a sum of Rs. 1,00,000 (Rupees One lakh) was paid by the plaintiff to t

Click Here to Read the rest of this document