DEBANGSU BASAK, J.

Five suits relating to premises No. 78, Rafi Ahmed Kidwai Road, Kolkata are taken up for hearing.

The property belongs to the Garga family. Woodland Investment Private Limited claims that it purchased shares in respect of such property.

For the purpose of convenience, the parties to the five suits are identified by their names.

C.S. No. 501 of 1976 is the first suit in the point of time. This suit is filed by Woodland. The defendants in the suits are Shakti Prasad Garga and Shankar Prasad Garga. Shakti Prasad Garga died leaving behind a Will. Shankar Prasad Garga is the only son of Shakti Prasad Garga.

Woodland, in C.S. No. 501 of 1976, claims that by an agreement dated September 13, 1973, Shakti and Shankar agreed to sell their undivided 1/4th share in lot No. 2 of premises No. 78, Rafi Ahmed Kidwai Road, Kolkata to Woodland on various terms and conditions. Woodland claims to have paid Shakti and Shankar a sum of Rs. 2,500/- by way of earnest money and part consideration on September 13, 1973. Shakti and Shankar, according to the plaintiff, granted receipt for the sum of Rs. 2,500/-. According to Woodland, on January 6, 1974, it handed over a requisition of title to Shakti and Shankar. Shakti and Shankar failed and neglected to produce the original title deeds in terms of the agreement dated September 13, 1973. Shakti and Shankar, through their advocate letter dated June 12, 1975 purported to cancel the agreement dated September 13, 1973 and purported to forfeit the earnest money of Rs. 2,500/-. Woodland claims that, the cancellation of the agreement dated September 13, 1973 is invalid, illegal and void. Woodland also claims to be ready and willing to perform its obligations under the agreement dated September 13, 1973. Woodland, therefore, claims a decree for specific performance of the agreement dated September 13, 1973 and for consequential reliefs. In the suit, the Woodland also claims partition by metes and bounds of 1/4th portion of premises No. 78, Rafi Ahmed Kidwai Road, Kolkata.

Shakti and Shankar have filed written statement in the C.S. No. 501 of 1976. Shakti and Shankar claim cancellation of the agreement dated September 13, 1973 to be done validly. They claim that, Woodland had offered to purchase the whole of lot No. 2 of the premises by three several agreements for sale all dated September 13, 1973. One of such agreement was between Woodland and Deba Prasad Garga, the other being between Woodland and Bhupal Prasad Garga and the third agreement was between Woodland and Shakti and Shankar. Shakti and Shankar claim that, Woodland agreed to purchase the whole of lot No. 2 by one or more conveyances and that none of the members of the Hindu Undivided Family would be required to sell or convey in respect of undivided interest in the said lot separately or at different times.

Shakti and Shankar claim that, Woodland enquired into the title of the Gargas, approved of the same and, therefore, the requisition of title was misplaced. According to Shakti and Shankar, Woodland was never ready and willing to complete the transaction, failed and neglected to carry out their obligation and, therefore, Shankar and Shakti along with other family members through their Solicitor’s letter dated June 12, 1975 cancelled the agreement and forfeited the sum paid. Shakti and Shankar refers to the correspondences exchanged between the advocate of the Woodland and the advocate of the family where Woodland had claimed that the family did not make out a marketable title in respect of the premises covered by the agreement concerned.

Without prejudice to their contentions on the merits of the claim of Woodland, Shakti and Shankar contend that, Woodland is not entitled to obtain specific performance of the agreement dated September 13, 1973 since the other members of the Hindu Undivided Family are not willing to sell to Woodland.

The next suit between Gargas and Woodland is C.S. No. 228 of 1984. This suit is fil