JUDGMENT :

Partha Sarathi Chatterjee, J.

1. Order and decree dated 04/06/2018 passed by the Learned Civil Judge (Senior Division) 3rd Court Alipore in Title Suit no. 1844 of 2016, whereby the learned Court below dismissed the suit for specific performance of contract and permanent injunction ex-parte, has been impugned in this appeal.

2. Here, in the case at hand, one Md. Mukhtar had filed a suit for specific performance of contract and permanent injunction which was registered as Title Suit no. 1844 of 2018.

3. Facts projected in the plaint in a nutshell are that one Jagadish Prasad Roy along with his co-sharers was the owner of the suit properties and other properties and by virtue of registered deed of partition vide no. 435 of 1987, Jagadish Prasad Roy acquired the absolute ownership of the suit properties mentioned in schedule ‘Kha’ appended to the plaint.

4. Jagadish Prasad Roy died leaving behind his only daughter namely, Sharda Devi, since deceased, who happened to be the wife of Mr. K Mahato.

5. It was further pleaded therein that the Sharda Devi, being the absolute owner of the suit properties, through her son as constituted attorney entered into agreement for sale with the pla