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2020 Supreme(Cal) 31

I.P.MUKERJI, MD.NIZAMUDDIN
Woodland Manufacturers Limited – Appellant
Versus
Sankar Prasad Garga – Respondent


Advocate Appeared:
For the Appellant :Rudradeb Choudhury, Tapan Sil, Advocates.
For the Respondents:Siddhartha Mitra, Sr. Advocate, Raibat Banerji, Natasha Roy, Advocates.

Judgment :

I.P. Mukerji, J.

1. Five suits were tried together by the learned single judge and decreed on 12th September, 2014. Woodland Manufacturers Ltd. appeals to this court from that decree.

2. The property involved is Premises No.78, Rafi Ahmed Kidwai Road, Kolkata. For the purposes of the suits and this appeal, this property is to be taken as having 3 lots, 1, 2 and 3. It was undivided. Woodland is the owner of 50% share in Lot 1, 75% share in Lot 2 and 50% share in Lot 3. It was already owned by them at the material point of time.

3. In one suit (CS 501 of 1976) Woodland claimed specific performance of an alleged agreement for sale by the Gargas made on 13th September, 1973 in their favour and of a 1/4 undivided share in Lot 2 in their favour and for partition of the property. They also claimed specific performance of the agreement dated 11th June, 1973 for transfer by members of the said family in their favour, of their shares in Lots 1 and 3 (Suit No. 43 of 1989). In another suit (CS 324 of 1987) against Shankar and Kalyani, Woodland claimed partition of Lots 1 and 3 on purchase of 1/2 of the undivided shares in Lots 1 and 3. The Gargas filed two suits (CS 228 of 1984 and CS 6

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