JITENDRA NATH ROY Vs. MAHESWARI BOSE
LAWS(CAL)-1961-1-25
HIGH COURT OF CALCUTTA
Decided on January 27,1961

JITENDRA NATH ROY Appellant
VERSUS
MAHESWARI BOSE Respondents

JUDGEMENT

- (1.) This is a suit filed by one Jitendra Nath Ray against Sm. Maheshwari Bose for specific performance of the agreement for sale, dated December 15, 1954; Its. 3,150 as damages under para. 8 of the plaint, injunction, Receiver and costs. The suit arises in the following circumstances. In or about December, 1954, Sm. Maheswari Bose, the owner of 34A and 34B Amherst Row, authorised one Atul Chandra Ghosal, a broker, for the sale of the said premises at and for the price of Rs. 32,000 only free from all encumbrances.
(2.) On December 8, 1954, Mr. Anil Ghosh, Solicitor for the Plaintiff, Jitendra Nath Roy, accepted the offer by a letter of even date written to Anil Chandra Dutt, Solicitor for Sm. Maheswari Bose.
(3.) On December 9, 1954, Mr. A.C. Dutt, Solicitor for Sm. Maheswari Bose wrote a letter to Mr. Anil Kumar Ghose, Solicitor the Plaintiff, setting out the important terms and conditions of sale. One of the terms, namely, Clause 7, was as follows: The property is being sold by the vendor as a Hindu widow for her maintenance, medical and pilgrimage expenses.;


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