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2013 Supreme(Gau) 704

ANIMA HAZARIKA
Life Insurance Corporation of India – Appellant
Versus
Hafizuddin Ahmed – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: B.R. Dey, Sr. Adv., K.K. Nandi, S. Das Choudhury, D. Choudhury, B. Sarkar and A. Paul
For Respondents/Defendant: A. Sattar, M. Kumari, Y Arafat and B. Islam

JUDGMENT

Anima Hazarika, J.

1. The appellants herein are the defendants in Title Suit No. 50/1999 on the file of the learned Assistant District Judge (Senior Division), Morigaon, have assailed the judgment and decree dated 07.02.2001, whereby and whereunder the learned trial Court decreed the suit, directing the defendants to perform the specific performance of contract by taking the building of the plaintiff on lease in terms of Ext. 1 dated 05.10.1998 and on failure to do so shall pay a compensation amounting to Rs. 5,96,230/- (Rupees five lakhs ninety-six thousand two hundred and thirty) only in terms of details given in the schedule 'a' to 'I' of the plaint for wrongful breach of contract along with interest @ 18% per annum from the date of filing of the suit till the date of realization of the decretal amount. Heard Mr. B.R. Dey, learned senior counsel assisted by Mr. K.K. Nandi. Also heard Mr. A, Sattar, learned counsel appearing on behalf of the respondent.

2. In order to adjudicate the matter both effectually and completely, it would be proper to appreciate the pleadings of the parties, their respective claims and counter-claim alongwith the documents exhibited and proved duri


















































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