SOUMEN SEN,J. - (1.) The defendant no.8 has filed an application for rejection of the plaint on the ground that the suit is barred by limitation. The plaintiff has filed a suit on 19th September, 2016 praying, inter alia, for the following reliefs: a) A decree for declaration that the decree dated 28th July, 2004 passed in CS No.406 of 1998 ( Vandana Real Estates Pvt. Ltd. and Ors., -vs- Smt. Monika Daw and Ors .) is null and void and nonest; b) The decree dated 28th July, 2004 passed in CS No.406 of 1998 be set aside and/or cancelled and/or rescinded; c) A decree for declaration that the eight several Deeds of Conveyance, particulars whereof are se out in Annexure "D"hereto be adjudged null and void and nonest; d) A decree for delivery up and cancellation of eight several Deeds of Conveyance, particulars whereof are set out in Annexure "D" hereto; Essential facts constituting the cause of action for filing the suit are:
(2.) The plaintiffs have entered into an oral agreement in April/May 1987 with Pranab Chand Daw, the original owner for purchase of 168 Cottahs of land situated at Howrah which is commonly known as Manglahat and has paid a sum of Rs.5 lakhs towards part consideration. The oral agreement was followed by notes being prepared on the said agreement on May 3, 1987 and then again on 15th October, 1987. There are three allayed subsequent letters/notes affirming and even modifying the said agreement being respectively dated January 1, 1993, March 5, 1995 and January 7, 1996.
(3.) One month after the note of discussion dated October, 1987 the entire Mangla Hat was gutted by fire. Thereafter, within four days the property was requisitioned by the Government of West Bengal. The said requisition proceeding was challenged by the plaintiffs by filing a writ petition as they were at that stage interested to purchase the property. Mimanis on May 16, 1988 were successful in setting aside the order of requisition. The said order was challenged before the Division Bench. The appeal was disposed of on 17th June, 1997 affirming the order of the learned Single Judge. However, in the meantime on 31st March, 1997 the Regulation Act of 1948 had gone out of the statute Book creating a further complication as both Mimanis and Daws claimed resumption of possession. Mimanis' claim was based on allaged agreement for sale and Daws claimed possession on the basis of their ownership. Daws refused to execute conveyance in favour of the Mimanis. This has lead to the filing of suit by Mimanis before the Howrah Court being Title Suit No. 105/2001 on April 20, 2001. ;