INDRA KUMAR AGARWAL AND OTHERS Vs. SURESH KUMAR GUPTA AND OTHERS
LAWS(CAL)-2016-3-144
HIGH COURT OF CALCUTTA
Decided on March 16,2016

Indra Kumar Agarwal And Others Appellant
VERSUS
Suresh Kumar Gupta And Others Respondents

JUDGEMENT

INDIRA BANERJEE,SAHIDULLAH MUNSHI,JJ. - (1.) This appeal is against a judgment and decree dated 24th July, 2014 passed by the learned Single Bench in CS No. 461 of 1984 (Suresh Kumar Gupta and Anr. v. Samarendra Nath Shaw and Ors.) whereby a consent decree dated 7th March, 1984 in Suit No. 850 of 1982 (Shambhu Dayal Agarwal and Anr. v. Samarendra Nath Shaw and Ors.) has been declared null and void.
(2.) Sambhu Dayal Agarwal, since deceased, predecessor-in-interest of the appellants and a tenant of Premises Nos. 139, 140 and 140/1, Ramdulal Sarkar Street, Kolkata, which is hereinafter referred to as the suit premises had filed a suit being Suit No.850 of 1982 against Samarendra Nath Shaw, Kamalendra Nath Shaw, Dipak Kumar Shaw and Smt. Bivabati Dassi being the owners and/or landlords of the suit premises, who are predecessors-in-interest of the respondent Nos. 3, 4(a), 4(b), 5(a) to 5(c) and 6(a) to 6(c) in this appeal.
(3.) The said suit No. 850 of 1982 was filed by Shambu Dayal Agarwal, since deceased, and his wife for a decree of specific performance of an agreement for sale entered into by and between the landlords/owners of the suit premises being the predecessors-in-interest of the respondent nos. 3, 4(a), 4(b), 5(a) to 5(c) and 6(a) to 6(c) in this appeal, and the said Shambu Dayal Agarwal, since deceased and his wife.;


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