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2015 Supreme(Gau) 584

N.CHAUDHURY
Meghmallar Estates & Services Pvt. Ltd. – Appellant
Versus
Ghanashyam Talukdar – Respondent


Advocates Appeared:
For the Appellants :Mr. OP Bhati Mr. VK Chopra Advocates
For the Respondent:Mr. D Mozumder Sr. Adv. Mr. R Sarma Advocate

JUDGMENT :

1. This is a regular first appeal at the instance of defendants challenging judgment and decree dated 29.08.2014 passed by learned Civil Judge No. 1, Kamrup (M) in Title Suit No. 66/2007 whereby suit of the plaintiff for Specific Performance of Contract was decreed.

2. Ghanashyam Talukdar, as plaintiff, instituted T.S. No. 66/2007 in the Court of learned Civil Judge (Sr. Divn.) No. 1 at Guwahati against Meghmallar Estates & Services Pvt. Ltd. which is a company incorporated under Companies Act, 1956 and its Managing Director, Sri Anup Saikia. Plaintiff pleaded that defendants are apartment builders. He entered into a registered agreement with the defendants on 11.05.2005 vide Deed No. 5009/2005 whereby defendants agreed to sell a three bedroom flat to the plaintiff being Flat No. 202 at the second floor of the complex known as MEGHMALLAR “SANTOOR” situated at Kharguli, Guwahati. Schedule A gives the description of the land on which the complex is situated. Schedule B is the 7th storied complex and Schedule C gives the description of the property proposed to be sold.














































































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