- (1.) This is an application in aid of a suit for specific performance of an agreement for sale of a property numbered as 19, Chittaranjan Avenue, Kolkata ­ 700 072. The plaintiff in the said application has prayed for an order of injunction restraining the defendants from dealing with the property. Initially, on 16th May, 2012, an order was passed directing the parties to maintain status quo of the property. At the relevant point of time, a partition suit was pending between the defendants and in such proceeding an order of status quo was passed in respect of this property.
(2.) The learned Counsel representing the defendant nos. 3 and 4, submits that the suit for partition was disposed of on the basis of a Terms of Settlement filed by the parties in which the respondent no. 2 series have relinquished their right and interest in respect of the said property in favour of the defendant nos. 3 and 4. By virtue of such relinquishment the defendant nos. 3 and 4 have now become the owners of the said property. The said respondents are resisting the claim for specific performance.
(3.) The plaintiff was a lessee under Jatan Kumari Devi in terms of a Deed of Lease executed on 7th June, 1994 containing a area of 2 cottahs out of 10 cottahs 12 chittacks 5 sq. ft. along with asbestos shed structure for a period of 99 years. On 11th March, 1995 Jatan Kumari Devi died. Jatan Kumari Devi during her lifetime made and published a Will under which she bequeathed property in question to Chandra Kumari Devi, the wife of the respondent no.1. Chandra Kumari Devi died on 22nd December, 2007. The respondent no.1 is the husband of Chandra Kumari Devi, since deceased.;