C.K.Banerji, J. - (1.) This is an application by the defendant Sanatan Bastushilpa Pratisthan for revocation of leave under Clause 12 of the Letters Patent, stay of the suit and all proceedings therein and for revocation of the leave under Order II, Rule 2 of the Code of Civil Procedure.
(2.) The defendant is the owner of premises No. 121/1, Netaji Subhas Ch. Eose Road, Tollygunge, and has constructed a multistoried building therein named 'Regent Towers' consisting of ground floor and nine upper floors comprising of seventy two flats. By an agreement dated October 10, 1979 the plaintiff agreed to buy and the defendant agreed to sell six two-bed-roomed fiats and six three-bed-roomed flats having distinctive numbers situate on various floors of the said building at or for a total price of Rs. 13,45,200/-, on the terms and conditions contained in the said agreement which was executed at 10, Brabourne Road, Calcutta within the jurisdiction of this Court.
(3.) Pursuant to and in terms of the said agreement on or about October 11, 1979 the defendant furnished a bank guarantee for Rs. 10,76,160/- and the plaintiff thereupon paid to the defendant on December 11, 1979 the said sum of Rs. 10,76,160/- being eighty per cent of the total agreed price, and the defendant delivered up possession of the said twelve flats and made over twelve sets of keys in respect thereof to the plaintiff. There were certain disputes between the parties with regard to the claim of the defendant for an additional amount of Rs. 1,38,000/-. Sometime in March, 1980 the defendant put additional padlocks to each of the said flats over the locks put by the plaintiff or its officers and cut off the electric connection to the said flats. By a letter dated 14/18th March, 1980 the defendant contended that the said agreement stood cancelled on the expiry of four months stipulated in the said agreement which was, however, not accepted by the plaintiff. Thereupon this suit was instituted by the plaintiff against the defendant. The relevant prayers in the plaint with which we are concerned in this application are:-- (a) Decree for specific performance of the said agreement for sale dated October 10, 1979. (d) Perpetual injunction do issue restraining the defendant and their servants and agents and assigns from denying or disputing its obligations under and from acting in any manner contrary to or inconsistent with the said agreement dated October 10, 1979. (e) The letter dated March 14/18, 1980 issued by the defendant to the plaintiff be declared invalid and the same be directed to be delivered up and be cancelled.;