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2002 Supreme(Cal) 444

D.K.SETH, JYOTESH BANERJEE
SISIR KANA GUHA – Appellant
Versus
AYAKAR GRIHANIRMAN SAMABAYA SAMITY LIMITED – Respondent


Advocates Appeared:
ANUPAM CHATTERJEE, KAMAL KRISHNA PATHAK, MURARI MOHON DAS, SABYASACHI BHATTACHARYA

D. K. SETH, J.

( 1 ) THIS appeal is directed against order dated 1st of September, 1999, rejecting the plaint, and the decree passed by the learned Assistant District Judge, 5th Court, Alipore, in Title Suit No. 218 of 1995. Facts:

( 2 ) THE appellant as plaintiff has filed a suit being Title Suit No. 218 of 1995, in the 5th Court of Assistant District Judge, Alipore, for specific performance of a contract. The plaintiffs' case, inter alia, was that the plaintiff No. 1 had entered into an agreement for sale with the defendant Nos. 1 and 2, who are, admittedly, Housing Co-operative Societies. It was alleged that in 1970, the plaintiff No. 1 had sold 4. 22 acres of land to the defendant Nos. 1 and 2 for valuable consideration. By an agreement for sale dated 19/05/1971 registered on 20/05/1971, the defendants agreed to sale the suit property to the plaintiff No. 1 or her nominees for the consideration mentioned therein. Various terms of the agreement were referred to. It was pointed out that 14 Cottahs of developed land was to be sold to the plaintiff or her nominees before distribution of plots among the members within the scheme of the Township development whereof was undertaken by












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