D.K. Seth, J. - (1.) The first appeal is directed against a judgment and decree dated 12th March, 1998 passed by the Learned Civil Judge (Senior Division), 2nd Court, Barasat in Title Suit No. 252 of 1993, granting the relief of specific performance of contract. Plaint case :
(2.) The plaint case, inter alia, was that the suit property described in the schedule to the plaint belonged to the defendant No. 1 who agreed to sell the property to the plaintiff at a consideration of Rs. 20,000/- per cottah. The plaintiff accepted her offer and advanced an earnest money of Rs. 10,000/- on 7th January, 1992 to the defendant No. 1. It was settled that the sale was to be completed by January, 1992. In January, 1992, the plaintiff paid a further sum of Rs. 30,000/- to the defendant No. 1. The time for completing the sale was extended till December, 1993. The plaintiff tendered the balance consideration and requested to execute and register the deed in respect of the property. But the defendant failed and neglected to perform her part of the contract, therefore, the suit. Defence case :
(3.) It appears that the defendants No. 2 and 3 had got themselves added as party to the suit on the plea that they had entered into an agreement for sale with the defendant No. 1 after the expiry of the time for completing the agreement for sale between the plaintiff and the defendant No. 1. The defendant No. 1 appeared through her lawyer, but did not file any written statement. The defendants No. 2 and 3, however, filed their written statement denying the right of the plaintiff to obtain specific performance of the contract for sale. The hearing :;