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2019 Supreme(Cal) 469

BISWAJIT BASU
Badal Chandra Kundu – Appellant
Versus
Netai Mahato – Respondent


Advocate Appeared:
Rwitendra Banerjee, Sougata Mitra, Sanjib Bandyopadhyay, Advocates.

JUDGMENT :

1. The present revisional application under Article 227 of the Constitution of India is at the instance of the defendants in a suit for specific performance of agreement and is directed against the judgment and order dated September 16, 2017 passed by the 3rd Court of learned Additional District Judge, Purulia, in Miscellaneous Appeal No. 50 of 2016.

2. The opposite parties filed a suit being Title Suit No. 88 of 2016 in the Court of learned Civil Judge(Junior Division), at Purulia for the following reliefs:-

"a. A decree for specific performance of the contract dated 21.04.2019 including agreement dated 26.03.1981 for execution and registration of a proper deed of conveyance by the Defendants no. 1 and 2 in favour of the plaintiffs being the descendents of Methila Mahatani in respect of the suit property within a time to be fixed by the Ld. Court filing which liberty may be given to the plaintiffs to get the same executed and registered through court, be passed in favour of the plaintiffs and against the defendants.

b. A decree for cost of the suit be passed in favour of the plaintiffs.

c. A decree for any other relief or reliefs to which the plaintiffs would be found entitl

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