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2015 Supreme(Cal) 151

DEBANGSU BASAK
Dulchand Omprakash – Appellant
Versus
Dhirendro Mullick – Respondent


Advocate Appeared:
For the Plaintiff:Abhrajit Mitra, Sr. Adv., Suman Dutta, Satadeep Bhattacharya, Surajit Biswas, Advocates.
For the Defendants:D3, D6 & D7, Aniruddha Mitra, Aiman Abdullah, Ram Chandra Banerjee, D5, P.C. Pal Chowdhury, D.N. Mukherjee, Advocates.

Judgment :-

Debangsu Basak, J.

The plaintiff seeks specific performance of an agreement dated September 1, 1982 claimed to be modified on July 30, 1984 against the defendants.

According to the plaintiff, the defendant Nos.1, 2 and 3 are the trustees of a trust known as Trust Estate Jitendro Mullick. The trustees had entered into an agreement in writing on September 1, 1982 with the defendant No.4 for lease of premises No.7A, Kiran Sankar Roy Road, Kolkata-700001. The defendant No.4 had paid the consideration reserved under the said agreement to the defendant Nos.1, 2 and 3.

The defendant No.4 had nominated the plaintiff to obtain the lease on July 30, 1984. Such nomination was accepted by the defendant Nos.1, 2 and 3. According to the plaintiff, the agreement dated September 1, 1982 was modified on July 30, 1984. The plaintiff claims that, by a letter dated July 30, 1984 the defendant Nos.1, 2 and 3 informed the plaintiff that the trustees were making an application for obtaining Income Tax Clearance Certificate. The trustees promised to execute the lease as and when such certificate was obtained. The defendant Nos.1, 2 and 3 made an application under Section 230A of the Income Tax































































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