( 1 ) PRELIMINARY These appeals are directed against the judgment and decree dated 31st August 1999 passed by the learned Civil Judge, Senior Division, 8th Court, Alipore in a suit for specific performance of contract for sale being in Title Suit No. 33 of 1995. Against the said decree, defendant No. 1, vendor, has filed F. A. No. 14 of 2000, while the defendant No. 2, subsequent purchaser, has preferred F. A. No. 13 of 2000. Both these appeals, by consent of the parties, have been heard together. We propose to dispose of both the appeals involving common question of fact and law, by a common judgment. 1. 2. The plaintiff had succeeded in obtaining the decree of specific performance of the contract for sale of 1/7th share of the defendant No. 1 in the suit property. The said 1/7th share, however, was purchased by M/s. Ceean International Private Limited, appellant, in F. A. No. 13 of 2000 during the pendency of the suit. Submission on behalf of the appellant in F. A. 13 of 2000:

( 2 ) MR. Sudhis Dasgupta appearing with Mr. Bagchi and Mr. Sanjoy Jain, relying upon the various facts and materials on record contended that it was the liability of the plaintiff to redeem