JUDGMENT :

Soumen Sen, J.

1. I have the benefit of reading the judgment of my brother the Hon’ble Justice Siddhartha Roy Chowdhury. While I concur with the views expressed by His Lordship, I briefly indicate my reasons for affirming the judgment and decree of the trial court.

2. To avoid prolixity I have not referred to the facts in detail as the facts have been summarized by Justice Roy Chowdhury in his Lordship’s separate judgment.

3. The appeal is arising out of the judgment and decree passed by the learned Civil Judge, (Sr. Div.) at Alipore on 30th January, 2013. On 11th February, 2013 since corrected on 30th January 2013 in a suit for specific performance and injunction.

4. The learned trial Judge decreed the suit for specific performance and directed the execution of the deed of sale in respect of the flat in question in favour of the plaintiffs within one month from the date of the decree, failing which the plaintiffs were given liberty to get the same executed through the Court and to recover the cost of execution and registration from the defendants.

5. The defendants being aggrieved by the said decree preferred the instant appeal. The learned Counsel for the appellant assailed