- (1.) This second appeal is directed against judgment dated 5 th December, 2009 and decree thereof passed by learned Additional District Judge, Fast Track Court (III) Sealdah in Title Appeal No.12 of 2008 affirming in part the judgment dated 29 th March, 2008 and decree thereof passed by learned Civil Judge (Senior Division) Sealdah in connection with Title Suit No.108 of 1993.
(2.) The original plaintiff Smt. Sunanda Roy filed said suit for specific performance of contract against the original defendant No.1 Smt. Rama Chakraborty. During pendency of the suit both the plaintiff and defendant died and their heirs were substituted in their places. During pendency of the suit the present appellants were added as defendant Nos. 2 and 3 on the basis of their application under Order 1 Rule 10 of the Code of Civil Procedure.
(3.) The original plaintiffs' case, in short, is that the original defendant Smt. Rama Chakraborty being owner in possession of the suit premises made a registered agreement dated 14 th of December, 1987 agreeing to sell the suit premises to the original plaintiff for a sum of Rs.87,000/- and she received a payment of Rs.12,000/- being earnest money out of said consideration amount. It is further case that as per terms of said registered agreement the registration of the sale deed should be completed within one year from the date of execution of said agreement subject to extension of further time if required due to unavoidable circumstances. It is further case that the original defendant could not execute the conveyance deed within one year and executed another agreement dated 14.12.1988 extending time for two years from said date with further stipulation that extension of further time would be made by the parties, if required. It is further case that though the original defendant received payments from the plaintiff of different denominations on different dates against receipts towards consideration money but she could not execute kobala.;