Arun Kumar Mitra - (1.) , J. - This revisional application has been preferred challenging Order No. 64 dated 3.1.02 passed by the learned Civil Judge (Senior Division), Second Court at Howrah in Title Suit No. 6/1999.
(2.) The case as has been made out by the petitioner when going to challenge the impugned order dated 3.1.02 is inter alia as follows : The petitioner is a qualified person serving under Botanical Survey of India and he resides in the locality where the suit premises is situated. The plaintiff intended to purchase suitable flat and on an enquiry, when he came to know that the opposite party is going to start a multistored building in the same locality, he enquired into the matter and contacted the opposite party/defendant.
(3.) After due negotiation and discussion, the defendant agreed to sell and the plaintiff agreed to purchase one self contained flat in the 4th Floor of the proposed building with an area measuring about 1081 sq.ft. more or less comprised with holding No. 30, Bhairav Dutta Lane, P.S. Golabari, District Howrah (herein after termed as "suit flat").;