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1963 Supreme(Cal) 98

B.C.MITRA
Labanya Ray – Appellant
Versus
Rai Saheb Phanindra Mohan Mukhehjee – Respondent


Advocates Appeared:
S.Chatterjee, T.Bose,

JUDGMENT

1. In this suit the plaintiff claims a decree for specific performance of the agreement for purchase of premises No. 202 C, Bepin Behari Ganguly Street, Calcutta, and a decree directing the defendant to deliver all relevant title deeds relating to the said premises, alternatively an enquiry into title and a decree for specific performance of the agreement to the title if found good, decree for possession of the premises and the fixtures in terms of the agreement, decree for Rs. 875/- as damages and further damages at the rate of Rs. 250/ - per month till sale is completed and possession is delivered and certain other reliefs.

2. The facts briefly staled are as follows: the defendants Nos. 1 and 2, herein after referred to as the vendor defendants, were the owners of premises No. 202 C, Bowbazar Street. Sometime in November, 1960 they entered into an agreement for sale of the premises to the plaintiff through one Sagore Sen who acted as a broker in the transaction. The price agreed upon was Rs. 45,000/ - and was to be split up into Rs. 4s,500/- for the land and building and Rs. 1500/- for fittings like electric fans, electric motor pump and hand pump. The property was sold



































































































































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