Jyotirmay Bhattacharya, J. - (1.) This first appeal is directed against the judgment and decree passed by the learned Civil Judge (Senior Division), 5th Court at Alipore on 12th October, 2012 in Title Appeal No. 5 of 2005 at the instance of the plaintiff/appellant.
(2.) By the impugned judgment and decree the plaintiffs' suit for specific performance of contract was dismissed by the learned Trial Judge on contest by holding, inter alia, that the plaintiffs having failed to deposit the impounded fees on the agreement for sale, the agreement for sale cannot be admitted into evidence and as such, the said agreement for sale cannot be enforced by a decree for specific performance of contract. The learned Trial Judge also held that the contract is a time bound contract, and since the plaintiffs have failed to complete the transaction within the time fixed under the contract, the plaintiffs are not entitled to get any decree for specific performance of contract. The learned Trial Judge also held that the plaintiffs having failed to prove their readiness and willingness to perform their part of the contact, are not entitled to get any decree for specific performance of contract. The suit for specific performance of contract filed by the plaintiffs was thus, dismissed on the aforesaid three grounds. The legality and/or correctness of such judgment and decree passed by the learned Trial Judge are now under our scrutiny in this First Appeal.
(3.) Let us now consider the merit of the instant appeal in the facts of the present case. Initially the plaintiffs filed a suit for declaration that the defendant Nos. 1 and 2 are bound to execute the deed of conveyance and/or conveyances and register the same through appropriate authority and thereby giving the legal title, interest and possession of the said property to the plaintiffs in terms of the said agreement and permanent injunction for restraining the defendants and/or their men and agents from transferring, selling and/or creating any lease or also alienating or encumbering the suit property in any manner and/or from dispossessing the plaintiffs from their possession.;