- (1.) The plaintiff sought a decree for specific performance of an agreement dated August 20, 1995. According to the plaintiff, the agreement dated August 20, 1995 was for sale of entire ground floor measuring approximately 1717.95 sq. ft. and two garage spaces in the building constructed at premises No. P-39, C.I.T. Scheme, Manicktala Main Road, Kolkata. The agreement for sale between the plaintiff and the defendants was verbal. The defendant No. 2 was the owner of the suit premises. The Defendant No. 1 was the developer. The Defendant Nos. 3 and 4 were the directors of the Defendant No. 1 and partners of the Defendant No. 2. The Defendant Nos. 3 and 4 were also related to the plaintiff.
(2.) According to the plaintiff on August 28, 1995 she paid a sum of Rs.1 Lakh to the Defendant No. 1. Upon receipt of such payment the plaintiff was given possession of the entire ground floor and the two garage spaces at the said premises. A certificate of possession was issued.
(3.) The plaintiff during the period September 28, 1995 and January 2, 1997 paid the balance consideration of Rs.20 Lakhs to the Defendant No. 1. All payments were made by cheques. The Defendant No. 1 duly acknowledged receipt of such payments.;