Joytosh Banerjee, J.

This appeal is directed against the judgment and decree dated 31-7-96 and 6-8-96 respectively passed by Sri A.K. Mondal, Assistant District Judge, 3rd Court, Alipore in T.S. No. 232 of 1986.

2. Plaintiff/respondent No.1 brought the suit for specific performance of contract dated 14-12-85 by executing and registering the deed of conveyance in favour of the plaintiff within a specified period to be stipulated in the decree alternatively if the contract was found vitiated by impossibility, a decree for Rs. 1,20,000/- being the sum of the total amount towards the consideration money and a further decree for interest at the rate of 18 per cent per annum on the aforesaid sum on and from 14-12-85 till the realisation of the amount and also for some other reliefs incidental to the principal relief sought for in the suit. Briefly stated the case of the plaintiff was that the plaintiff on getting an information from an advertisement in the newspaper that a flat in Madhumita Apartment at 36B, Selimpore, P.S. Kasba, Calcutta-700 031, fully described in the schedule of the plaint, was to be sold to an intending purchaser by its owners defendant Nos. 2 to 4 of the sui