Soumen Sen, J.

The suit filed by the original plaintiff for recovery of possession and the suit filed by the original defendant for specific performance of an oral agreement are taken up together and disposed of by this common judgment and order.

The learned Counsels for the parties have consented of the hearing of both the suits together since there is no disagreement amongst the parties that the decree in one suit would non-suit the plaintiff in the other suit.

These two suits (namely, Suit No.451/1989 and C.S. No.348/1991) are taken up analogously for consideration in view of the fact that in the event Smt. Kanta Devi Bhutoria & Ors. are able to establish their claim in C.S. No.348 of 1991 for specific performance of an oral agreement to sell third floor flat, the plaintiffs, namely, Smt. Gopa Sinha & Ors. in Suit No.451 of 1989 would not be entitled to recovery of possession in respect of the self-same flat which according to the said plaintiffs (Smt. Kanta Devi Bhutoria & Ors.) are in wrongful and illegal occupation.

For convenience and brevity Suit No.451 of 1989