BHASKAR BHATTACHARYA, S.B.SINHA
JAYA SEN – Appellant
Versus
SUJIT KR. SARKAR – Respondent
( 1 ) THE question as to whether the petitioner is entitled to interest on the amount directed to be paid by the defendant (Purchaser) to the plaintiff (Vendor) by way of consideration for execution of a deed of sale or not is the question involved in this application.
( 2 ) THE plaintiff-respondent filed a suit against the defendant-appellant claiming, inter alia, the following reliefs :-" (A) A decree for recovery of possession of the suit premises and delivery of khas possession of the suit premises and delivery of khas possession thereof to the plaintiff after evicting the defendants therefrom; (b) Alternatively a decree for specific performance of the contract directing the defendant No. 1 to pay the balance consideration of Rs. 2,34,000/- to the plaintiff and get a deed of conveyance executed and registered by the plaintiff at her own costs; (c) A decree for damages tentatively @ Rs. 50,000/- for wrongful use and occupation from 19-2-88 till the filing of the suit and further damages till recovery of possession, by adjustment of the amount with advances, alternatively for damages for breach of contract for Rs. 50,000/ -. "
( 3 ) THE admitted fact of the
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