Judgment

B. K. MUKHERJEA, J. : The facts giving rise to this appeal are, for the most part, uncontroverted and the dispute between the parties centres round the short point as to whether a contract for sale of land to which this litigation relates was discharged and came to an end by reason of certain supervening circumstanes which affected the performance of a material part of it.

2. To appreciate the merits of the controversy, it will be necessary togive a brief narrative of the material facts. The defendant company, which is the main respondent in this appeal, is the owner of a large tract of land situated in the vicinity of the Dhakuria Lakes within Greater Calcutta. The company started a scheme for development of this land for residential purposes which was described as Lake Colony Scheme No. 1 and in furtherance fo the scheme the entire area was divided into large number of plots for the sale which offers were invited from intending purchasers.

The company s plan of work seemed to be to enter into agreements with different purchasers for sale of these plots of land and accept from them only a small portion of the consideration money by way of earnest at the time of the agreement