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2017 Supreme(Cal) 454

SAHIDULLAH MUNSHI
Shyama Enclave Pvt. Ltd. – Appellant
Versus
Sanjib Kr. Roy – Respondent


Advocate Appeared:
For the Plaintiff :Joy Saha, Sr. Advocate, Sulagna Mukherjee, Amalaksha Jana, Advocates
For the Defendants :K. Thakkar, Loknath Chatterjee, B.K. Singh, D.K. Chakrabarti, Koushik Bhadra, Advocates

JUDGMENT :

1. This suit for specific performance of contract was filed by Shyama Enclave Private Limited, a company duly registered under the Companies Act, 1956, originally against Sri Sanjib Kumar Roy and Smt. Jamuna Bala Roy. Plaint was amended by an order dated 30th November, 2004 and subsequent purchasers have been added as defendant nos. 2(b) to 2(zx). On the death of defendant no.2, Smt. Jamuna Bala Roy, her name was struck off and her death has been recorded. One Shyam Sunder Dalal had also been added as defendant no.2(a). Defendant no.2, Jamuna Bala Roy, is the widow of Lalchand Roy and her son Sanjib Kumar Roy is the plaintiff no.1. Originally, defendant nos.1 and 2 were the owners of the suit property. They entered into an agreement for sale of the suit property to the extent of their respective shares of 6/7th and 1/7th. By an agreement in writing dated 22nd January, 2000, the defendants allegedly agreed to sell and the plaintiff represented by its Director, T.C. Gupta, agreed to purchase the suit property at a total consideration of Rs.1,70,00,000/- (Rupees One Crore Seventy Lakh) only. According to the plaintiff, the original defendants in the said agreement agreed -

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