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SOUMEN SEN, UDAY KUMAR
Sona Majumdar – Appellant
Versus
Kishorilal Agarwal – Respondent
| Table of Content |
|---|
| 1. factual background of the dispute. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the existence and details of agreements. (Para 10 , 28 , 29 , 30 , 33) |
| 3. court's observations on evidence and claims. (Para 11 , 12 , 19 , 32 , 39) |
| 4. specific performance depends on contract certainty. (Para 43 , 44 , 120) |
| 5. final ruling and order from the court. (Para 145 , 146 , 147 , 148) |
JUDGMENT :
SOUMEN SEN, J.
1. The appeal is arising out of a judgment and decree dated 30th July, 2014 passed by the Civil Judge (Senior Division), Siliguri in a suit for Specific performance of contract.
2. The appellant claims to be the purchaser of the property in question.
3. The grievance of the appellant is that the impugned decree was passed disregarding her claim of a prior agreement for sale culminated in a registered deed of conveyance along with delivery of possession of the suit property in her favour. In any event she is a bona fide purchaser for value without notice.
4. The respondent no. 1 is the decree holder.
5. The respondent no. 2 is the vendor.
6. Briefly stated, the plaintiff
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