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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