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2014 Supreme(Cal) 544

DEBANGSU BASAK
Woodland Manufacturers Ltd. – Appellant
Versus
Shankar Prasad Garga – Respondent


Advocates Appeared:
For the Plaintiffs:Ahin Chowdhury, Senior Advocate, Dhruba Ghosh, Roibat Banerji, Advocates.
For the Defendants:Surajit Nath Mitra, Senior Advocatre, Biswabrata Basu Mallick, Tapan Sil, Advocates.

JUDGMENT

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 requisit









































































































































































































































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