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2019 Supreme(Cal) 917

SOUMEN SEN, RAVI KRISHAN KAPUR
Tapan Banerjee – Appellant
Versus
Goutam Chandra Das – Respondent


Advocates Appeared:
For the Appellant : Mr. Sukanta Chakraborty, Adv., Mr. Anindya Halder, Adv.
For the Respondent: Mr. Srijib Chakraborty, Adv., Mr. Avirup Mondal, Adv., Mr. Soumalya Ganguli, Adv.

JUDGMENT :

Soumen Sen, J.

1. This appeal is arising out of judgment and decree dated 7th June, 2016 passed by the learned Civil Judge, Senior Division, 2nd Additional Court at Burdwan in a suit filed by the respondents for specific performance of an agreement for sale. The learned Court below decreed the suit in favour of the plaintiff and directed the appellant to execute and register a sale deed in respect of ‘A’ scheduled property in favour of the plaintiffs/respondents within a period of 60 days from the date of the judgment. Certain consequential directions were given for deposit and execution of the sale deed.

2. This decree is now assailed before us by the defendant.

3. In the appeal the plaintiffs/respondents have filed an application for amendment of the plaint seeking inclusion of prayer for possession of the ‘A’ Scheduled property consequent upon a decree for specific performance being allowed in favour of the plaintiffs/respondents by the Trial Court.

4. This application is opposed by the appellant/defendant.

5. The principal grievance of the appellant in this appeal is that the learned Trial Judge had passed the decree in favour of the plaintiffs/respondents without consider

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