SHYAMAL KUMAR ROY Vs. SUSHIL KUMAR AGARWAL
LAWS(SC)-2006-10-73
SUPREME COURT OF INDIA
Decided on October 31,2006

SHYAMAL KUMAR ROY Appellant
VERSUS
SUSHIL KUMAR AGARWAL Respondents


Referred Judgements :-

TRIDIP DAS ROY V. CHITTA RANJAN JANA [REFERRED TO]
JAVER CHAND VS. PUKHRAJ SURANA [REFERRED TO]
RAM RATTAN VS. BAJRANG LAL [REFERRED TO]
VEMI REDDY KOTA REDDY VS. VEMI REDDY PRABHAKAR REDDY [REFERRED TO]
MUJIBAR RAHMAN MONDAL VS. MD ABDULLA MOLLA [REFERRED TO]
BISWAJIT CHAKRABORTY VS. MIRA-SEN RAY [REFERRED TO]



Cited Judgements :-

KRISHNA LEELA ESTATE PRIVATE LIMITED VS. KALYAN AND ORS. [LAWS(RAJ)-2015-4-105] [REFERRED TO]
SUBRATA MUKHERJEE VS. SUMATI KUMAR SETHIA & ORS. [LAWS(CAL)-2012-3-162] [REFERRED TO]
SEELAM MALLAIAH (DIED) PER LRS. AND OTHERS VS. P. NARASINGA RAO (DIED) PER LRS. AND OTHERS [LAWS(APH)-2017-2-27] [REFERRED TO]
MGT OF DIRECTOR GARDEN DDA VS. P O LABOUR COURT V [LAWS(DLH)-2010-3-269] [REFERRED TO]
SNG DEVELOPERS LIMITED VS. VARDHMAN BUILDTECH PRIVATE LIMITED [LAWS(DLH)-2021-12-260] [REFERRED TO]
MOOSA VS. VEERAN HAJI [LAWS(KER)-2022-7-248] [REFERRED TO]
UMED MAL DUGAR VS. SMT. ANITA DALMIA [LAWS(CAL)-2020-1-45] [REFERRED TO]
JANTA SHIKSHAN PRASARAK MANDAL VS. NAMDEO BAPURAOJI VAIDYA [LAWS(BOM)-2007-4-237] [REFERRED TO]
VIJAI SHREE LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-4-14] [REFERRED TO]
RABIYA BASHEER ALI VS. C DEVENDTA PRASAD [LAWS(MAD)-2012-10-231] [REFERRED TO]
HARISH CHAND SHARMA VS. PURUSHOTTAM RATHI [LAWS(RAJ)-2023-1-233] [REFERRED TO]
HEMA RAM VS. GUMAN SINGH [LAWS(RAJ)-2020-3-112] [REFERRED TO]
MRUDALABEN W/O MANOHARLAL VS. CHHALLANI GINNING AND PRESSING FACTORY [LAWS(BOM)-2019-1-6] [REFERRED TO]
PRABIR DAS VS. KINU RAM MONDAL [LAWS(CAL)-2022-4-18] [REFERRED TO]
S. VIVEKANANDA VS. JALAJA [LAWS(KAR)-2015-1-113] [REFERRED TO]
HUCHAMMA VS. CHANDRASHEKAR [LAWS(KAR)-2014-3-165] [REFERRED TO]
LIFETIME REALTY P LTD VS. PODDAR UDYOG LIMITED [LAWS(KER)-2012-3-247] [REFERRED TO]
BECHU RAM CHAKRABORTY VS. MAHESH SHAW [LAWS(NCD)-2014-5-27] [REFERRED TO]
V THANGARAJ VS. SANKARAN FINANCIERS [LAWS(MAD)-2007-4-8] [REFERRED TO]
SWAROOP SINGH VS. SUBHASH SINGH [LAWS(RAJ)-2018-4-7] [REFERRED TO]
IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899 VS. IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899 [LAWS(SC)-2023-12-20] [REFERRED TO]
PAULUS TIGGA VS. XAXARIOS EKKA [LAWS(CHH)-2007-2-40] [REFERRED TO]
LAKHBIR SINGH VS. DARSHAN SINGH [LAWS(P&H)-2014-3-576] [REFERRED TO]
ANIL VS. BABU [LAWS(KAR)-2022-12-120] [REFERRED TO]
MALLIGA PANEER SELVAM VS. RAJA SATHYANARAYANA SHETTY [LAWS(KAR)-2007-3-48] [REFERRED TO]
CAVE CATERERS PRIVATE LIMITED VS. SUDHA ENTERPRISES [LAWS(KAR)-2011-1-64] [REFERRED TO]
BADAN SINGH VS. BABU SINGH [LAWS(RAJ)-2011-8-170] [REFERRED TO]
MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD VS. LIFE CARE LOGISTIC SOLUTIONS [LAWS(MPH)-2012-8-31] [REFERRED TO]
GROVY INDIA LTD VS. BALBIR SINGH [LAWS(DLH)-2021-10-148] [REFERRED TO]
SHAM PUNDLALIK DHUMATKAR VS. SMT. PUSHPA MOHANLAL TALREJA [LAWS(BOM)-2016-8-45] [REFERRED TO]
ANAND KUMAR AND OTHERS VS. RAJESH KUMAR AND OTHERS [LAWS(MPH)-2016-9-74] [REFERRED]
V. MAHESWARI AND ORS. VS. TAMIL NADU MERCANTILE BANK LTD. AND ORS. [LAWS(MAD)-2015-4-67] [REFERRED TO]
C VEERATHEVAN VS. N JAYARAJ AND ORS [LAWS(MAD)-2015-4-449] [REFERRED]
N. ETHIRAJ CHETTIAR VS. SAMUNDEESWARI AMMAL [LAWS(MAD)-2017-2-187] [REFERRED TO]
SHYAMA ENCLAVE PVT. LTD VS. SANJIB KR. ROY & ORS [LAWS(CAL)-2017-6-50] [REFERRED TO]
BIMAL CHANDRA MONDAL VS. DURGADAS MONDAL & ANR [LAWS(CAL)-2019-5-94] [REFERRED TO]
RAKESH JAIN VS. VINOD KUMAR BHOLA [LAWS(DLH)-2010-5-139] [REFERRED TO]
SRINIVASA BUILDERS VS. A. JANGA REDDY [LAWS(APH)-2016-2-16] [REFERRED TO]
ABJER ALI MALLICK VS. RAHIMA BIBI [LAWS(CAL)-2014-12-117] [REFERRED TO]
SALIMUDDIN VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-3-330] [REFERRED TO]
PRASAD MAITY VS. KRISHNAPADA MONDAL [LAWS(CAL)-2011-7-32] [REFERRED TO]
SNG DEVELOPERS LIMITED VS. VARDHMAN BUILDTECH PRIVATE LIMITED [LAWS(DLH)-2022-10-23] [REFERRED TO]
SURMOUNT LABORATORIES PVT LTD VS. MINAKSHIBEN C MERCHANT [LAWS(GJH)-2011-8-120] [REFERRED TO]
JATTI VEERA VENKATA SATYAM VS. BOSUKONDA CHINNADEVI [LAWS(APH)-2022-10-82] [REFERRED TO]
A.P. LALY VS. GURRAM RAMA RAO [LAWS(APH)-2017-9-12] [REFERRED TO]
KRISHNA KILARU VS. MAYTAS PROPERTIES LIMITED [LAWS(APH)-2012-8-128] [REFERRED TO]
AZIZUR REHMAN GULAM VS. RADIO RESTAURANT [LAWS(BOM)-2023-10-101] [REFERRED TO]
VASANT SHANKAR MANE VS. WAMAN VITTHAL CHINDHE AND ORS. [LAWS(BOM)-2015-1-307] [REFERRED TO]
JASBIR SINGH VS. GURMEET SINGH AND OTHERS [LAWS(P&H)-2018-4-2] [REFERRED TO]
LAXMI NARAYAN SINGHAL VS. A D J NO 9 JAIPUR CITY [LAWS(RAJ)-2011-5-21] [REFERRED TO]
R. KALYANI VS. T. ROSE MUKUNDAKUMAR [LAWS(MAD)-2014-2-90] [REFERRED TO]
MAN KHA VS. MOHANLAL [LAWS(MPH)-2011-10-73] [REFERRED TO]
K DINESH VS. KUMARASWAMY [LAWS(KAR)-2010-8-43] [REFERRED TO]
VIJAYALAKSHMI VS. NAGARAJU [LAWS(KAR)-2011-1-1] [REFERRED TO]
RAJIB SAHA VS. MONJUR ALAM MALLICK [LAWS(CAL)-2017-4-38] [REFERRED TO]
RAJINDER PARSHAD SHARMA VS. ASHOK SHARMA [LAWS(DLH)-2008-12-113] [REFERRED TO]
SAV STEELS PRIVATE LIMITED VS. EKTA ISPAT AND POWER LIMITED [LAWS(CHH)-2015-8-2] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Interpretation of Section 36 of the Indian Stamp Act, 1899 ('the Act'), as amended in the State of West Bengal by Indian Stamp (West Bengal Amendment) Act, 1990 (hereinafter referred to as 'the West Bengal Act'), falls for consideration in this appeal which arises out of a judgment and order dated 5th May, 2006, whereby and whereunder the Review Application filed by Appellant herein from and order dated 13.4.2005 passed by the learned 2nd Civil Judge (Senior Division), Barasat was dismissed.
(3.)The basic fact of the matter is not in dispute. The parties hereto entered into an agreement to develop the suit property. Disputes and differences having arisen between them in regard to the purported termination of the said agreement by Appellant, a Suit was filed by Respondent herein for declaration and permanent injunction in the court of the Munsif, 3rd Court, Sealdah on 10.1.1997. An interim order of injunction was passed in the suit, which although was affirmed by the Appellate Court, but has been set aside by the Revisional Court. Respondent thereafter filed a suit for specific performance of the contract on 8.1.1999, inter alia, which was marked as Title Suit No.4 of 1999, praying for the following reliefs :
"i) A decree to be passed for specific performance of Contract Agreement dated 16th day of January, 1995 directing thereby the defendant to perform his part of the contract by way of rendering the exclusive right to the plaintiff to have free access into the suit property for raising rest of the construction in respect of second and third floors of the suit premises and to execute a registered deed or deeds of conveyance in respect of flats to be completed in the second floor and third floor of the suit premises in favour of the plaintiff or in favour of his nominees on receipt of balance consideration thereof and commanding the defendant to extend all sorts of cooperation with the plaintiff as would be required for construction of the plaintiff's allocation in respect of second and third floor of the suit premises.

ii) A Decree for Permanent Injunction restraining the defendant and his authorised non and agents from interfering with the act of construction of the plaintiff in respect of his own allocation relating to second and third floor of the suit premises and/or from parting with the possession of the super built structures of the second floor and two garages in the ground floor or any part thereof in favour of any third party till final disposal of the suit."



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