JUDGMENT

Raja Basu Chowdhury, J. This appeal has been filed challenging the judgment dated 12 th February, 2020 passed by the Civil Judge, (Senior Division), Islampur, Uttar Dinajpur in Title Suit No. 16/2015. By the aforesaid judgment, the learned judge has dismissed the suit by invoking its power under Order VII Rule 11 (d) of the Code of Civil Procedure, 1908 (in short, CPC). In connection with the aforesaid appeal an injunction application being CAN No. 1 of 2020 has also been filed. When the aforesaid injunction application came up for hearing, by consent of the parties, we had proceeded to hear out the appeal as also the application for injunction.

2. The brief facts of the case are that the plaintiff which is company incorporated under the provisions of Companies Act, 1956 has filed a suit inter alia claiming a decree for specific performance of an agreement for sale dated 6th November, 2012 and injunction.

3. The plaintiff claims the defendant nos. 1 to 6 to be absolute owners of the suit property. The defendant nos. 7 and 8 had acted as felicitators in connection with sale of the suit property comprising of 33 kathas of bastu land lying and situated at Mouza Islampur, Distric