I.P. Mukerji, J. - (1.) INTRODUCTORY FACTS: This is an application for amendment of the plaint, by the plaintiff. It is seriously contested by the defendant.
(2.) The plaintiff filed a suit on this cause of action. There is a partly two storied and partly three storied building measuring 215.491 sq. mtr. at 30 F, Mirza Galib Street, Kolkata - 16. The plaintiff was always in possession of this property. Earlier there was an old structure which was demolished. The building consists of forty rooms.
(3.) The position of the plaintiff is curious. He admits that he is not the owner of the land. Yet his case is that on 20th September, 2010, he entered into an agreement with the defendant for making over possession of thirty four rooms in the building. The consideration was Rs. 3.25 cores. The defendant had paid only Rs. 2,11,00,000/- and took possession of thirty rooms, on 12th October, 2010. The suit was filed by the plaintiff to recover the balance consideration together with interest, aggregating to Rs. 1,29,40,405/-.;