JUDGMENT

Partha Sarathi Chatterjee, J.

Preface :

1. The present appeal preferred at the instance of defendant/appellant is directed against the judgment and decree dated 15th June, 2016 passed by the learned Civil Judge (Senior Division), Second Court at Barasat, 24 parganas (North) in Title Suit no. 04 of 1999 whereby the suit for specific performance of contract and permanent injunction instituted by the developer against the owner was decreed.

Plaintiff/Respondent’s Case :

2. Facts epitomized in the plaint presented by the plaintiff/respondent/developer (in short, developer), in brief, are as follows :

i. That on 16.1.1995, owner of the premises No. P-173, Block B, P.S. – Lake Town, Kolkata-89 (hereinafter referred to as the suit property) entered into a development-agreement with the developer for construction of a four storied building thereon and parties to the agreement covenanted that within four months from the date of execution thereof, owner shall get plan sanctioned from South Dum Dum Municipality at his own costs and hand over the sanctioned plan to the developer and in case, within a period of four months from that date or any other extended time for another two months, th