( 1 ) THE controversy raised in the instant application under Article 227 of the Constitution relates to the property comprising of 80 cottahs of land, more or less, being part of premises No. 69, Prince Baktiar shah Road, P. S. Tollygunge, Kolkata - 700 033.

( 2 ) OPPOSITE Party, as plaintiff, filed a suit being Title Suit No. 126 of 2005 before the learned 3rd Court of Civil Judge (Jr. Division), Alipore, 24-Parganas (South) for declaration and permanent injunction.

( 3 ) THE plaintiff claimed in the suit that the defendant No. 8 projecting himself as representative of all the defendants approached one, Sri Chandan chatterjee, a Real Estate Broker, to find out a suitable buyer for sale of the suit property, as referred to earlier.

( 4 ) THE said broker for and on behalf of the defendants forwarded a letter of offer on 12. 09. 2004 to the plaintiff. The plaintiff having shown interest, the broker arranged site inspection through defendant No. 2.

( 5 ) THE offer letter contained the following basic terms: price of the property would be Rs. 6,50,000/- per cottah and the area is 78 cottahs. It belongs to the Shah family represented by Jitendra Vrijlal shah, de