S.B.Sinha, J. - (1.) This appeal is directed against a judgment and decree passed by Sri B.K. Lala, Subordinate Judge, 3rd Court, Alipore, in Title Suit No. 20 of 1981, dated March 8, 1984, whereby and whereunder the said learned court decreed a suit for specific performance of contract instituted, by the plaintiff/respondent. In view of the questions raised before this Court it is not necessary to state the fact of the matter is great details.
(2.) The admitted facts are as follows:
(3.) One Jitendra Nath Sengupta was admittedly the owner of the property in question. He executed an agreement for sale in favour of the plaintiff/respondent on 14.12.1979. The said Jitendra Nath Sengupta died on 9.1.1980 The plaintiff/respondent filed the aforementioned suit for specific performance of contract claiming, inter alia, the following reliefs : "(a) A decree may be passed against the defendants for specific performance of the contract for sale in respect of the suit premises dated 14.12.1997 on payment to the defendants and/or depositing in Court to the credit of the defendants to do all acts necessary and to put the plaintiff in full possession of the suit property and/ or recovery of possession by due process of law. (b) A decree for costs including Rs. 51/- being the cost for demand notice. (c) Injunction. (d) Such further and other reliefs under equity and in law".;