EISHU CHUGANI Vs. RANGLAL AGARWALA

JUDGEMENT

(1.) This is a vendor-purchaser's summons taken out by the plaintiff Mrs. Eishu Chugani. The purchaser under an agreement dated the 24th January, 1967 agreed to purchase the premises No. 3, Hunger Ford Street, situated in Calcutta within the Original Jurisdiction of this Court. The defendants are the partners of the partnership firm M/s. Arun & Co. carrying on business at No. 38, Indian Exchange Place. The defendants are the vendors under the said agreement dated the 24th January, 1967. The facts leading to the filing of this O. S. suit are stated hereunder.

(2.) By an agreement in writing dated the 24th January, 1967 the defendants agreed to sell to the plaintiff and the plaintiff agreed to purchase from the defendants the premises No. 3, Hunger Ford Street, at and for the sum of Rs. 9,74,000/- besides a sum not exceeding Rs. 47,000/- for the building material, free from all encumbrances subject to the defendants making out a marketable title to the said premises. The terms and conditions of the agreement for sale would appear from the copy of the said agreement annexed to the plaint herein and marked with the letter 'A'.

(3.) The said agreement provided inter alia that "subject to the defendants (Contd. on Col. 2) Question The vendors have produced a conveyance dated 25th March, 1961, executed by Mohammed Nazrul Haq Chowdhury & others in favour of Arun & Co. (i) Please explain how the minor's share in the said premises could be validly sold by their partner without an order of the Court? (ii) The vendors shall obtain proper order authorising sale. 9. The said answers did not explain nor justify the transfer of the minors' interest in the property. The said answers, therefore, failed to make out a marketable title to the said property. The said fact was pointed out by the plaintiff's solicitor's letter dated April 1, 1967, which is the plaintiff's document No. 14 and defendant's document No. 7 disclosed in these proceedings. By the said letter the said solicitor demanded refund of the earnest money of Rs. 1,00,000/-deposited with the defendants by the plaintiffs in terms of the agreement for sale. By his letter dated April 10, 1967, the vendor's solicitor wrote to the plaintiff's solicitor informing him that at the time of sale of the making out a good marketable title the sale and purchase would be completed within a period of three months from the date of making over the documents of title provided that the defendants produce the Corporation sanction with minor alterations, if any, as provided in the Calcutta Municipal Act of the latest plan submitted in respect of the premises now being construed before the date of the sale and a Certificate of the Master Sathe & Kothari, Architects that the foundation work has been executed according to the specification plan and design submitted to the Corporation and allowed by the Corporation."