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2021 Supreme(Cal) 4

DEBANGSU BASAK
Era Banthia – Appellant
Versus
Shivsons – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Debdut Mukherjee, Advocate, Mr. U. Raja Rao, Advocate, Ms. P. Gandhi, Advocate
For the Respondent:Mr. S. Ghosh, Advocate

JUDGMENT :

1. In a suit for specific performance of an agreement for sale in respect of an immovable property, the plaintiff has sought interim protection of injunction against the defendants.

2. Learned advocate appearing for the plaintiff has submitted that, the defendant No.1 is a partnership firm and the defendant Nos. 2 and 3 are the partners thereof. The plaintiff had become interested in purchasing an immovable property owned by the defendant No. 1. The plaintiff and defendants Nos. 1 to 3 had held negotiations and discussions with regard thereto. In such discussions, the defendant Nos. 1 to 3 had informed the plaintiff that the defendant Nos. 1 to 3 had taken a loan against property from Hinduja Leyland Finance Ltd. The defendant No. 4 had been inducted as a lesee in respect of such immovable property by virtue of a lease agreement dated August 20, 2016. The defendant Nos. 1 to 3 did not enter into any other agreements in respect of such immovable property.

3. Learned advocate appearing for the plaintiff has submitted that, the plaintiff had agreed to purchase the immovable property for a total consideration of Rupees 90 lakhs. The plaintiff and the defendant Nos. 1 to 3 had e

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