( 1 ) THIS first appeal is at the instance of the plaintiff in a suit for specific performance of contract and other consequential relief and is directed against the judgment and decree dated January 29, 2000 passed by the learned Civil Judge, Senior Division, 9th Court, Alipur, District south 24-Parganas in Title Suit No. 70 of 1997 thereby passing a part decree in favour of the plaintiff.

( 2 ) IN the said suit, the basic prayer of the appellant before the Court was to pass a decree for specific performance of contract and in the said suit, several other relief were claimed. The entire prayer portion of the plaint is quoted below:

'a) A decree for specific performance of contract directing the first defendant and the second defendant to execute and register the conveyance for sale in favour of the plaintiff for transferring of the undivided 1/8 of the land as described in schedule "a" hereto and the flat being number 3 as described in schedule "b" hereto together with proportionate 1/8 right and enjoyment of the said the building known and described as "rajani Apartment" situated in premises no. 196a, Sarat Bose Road, Calcutta - 700029 within P. S. Lake