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1971 Supreme(Cal) 30

SALIL KUMAR DATTA
RADHESHYAM KAMILA – Appellant
Versus
KIRAN BALA DASI – Respondent


Advocates Appeared:
SATYAJIT BANERJI, SYAMA CHARAN MITTER, Syama Prasanna Roy Choudhury

SALIL KUMAR DATTA, J.

( 1 ) THIS is an appeal by the defendant against the judgment and decree of affirmance granting specific performance of a contract of purchase in favour of two minors entered into through their guardian.

( 2 ) THE admitted facts are that the plaintiffs are heirs of one Kudiram Das who died on July 1, 1961. To meet the expenses of his Sradh, the plaintiffs sold the suit property to the defendant by a deed executed on July 9. 1961 on receipt of Rs. 1699/- as consideration. The deed was registered on July 11, 1961. on which day the defendant agreed by another deed to reconvey in favour of the plaintiffs the property on receipt of the said amount of Rs. 1699/- within July, 1965. The defendant was thereafter repeatedly asked to convey the property to the plaintiffs but the defendant failed and neglected to reconvey the property in breach of the contract although the plaintiffs were always ready and willing to perform their part of the contract. The plaintiffs in the circumstances instituted the suit on April 9, 1963, praying for decree for specific performance of the said contract. It may be mentioned that the plaintiffs Nos. 4 and 5, minor daughters of late Kudi














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