- (1.) THE suit has been transferred to this Court pursuant to an order dated april 13, 2006 made in ALP No. 4 of 2005. The order of transfer required the first defendant's demurrer application then pending before the Alipore Court to also stand transferred to be decided by this Court. GA No. 2317 of 2006 is the fourth defendant's application for rejection of the plaint. GA Nos. 3197 of 2006 and 2584 of 2007 are the plaintiff's applications for interlocutory reliefs.
(2.) THE fourth defendant has applied for rejection of the plaint relating to this suit for specific performance of an agreement and/or for dismissal of the suit on three-fold grounds. The fourth defendant says that in view of an earlier suit for specific performance of the same agreement having been withdrawn by the plaintiff without liberty to file afresh, the plaintiff cannot maintain this subsequent action. The fourth defendant claims that even if the suit were otherwise maintainable, it is ex facie barred by the laws of limitation. Finally, the fourth defendant seeks to demonstrate that in view of the admitted conduct of the plaintiff evident from the plaint, the plaintiff is disentitled by the provisions of the Specific Relief Act, 1963 from claiming specific performance.
(3.) TO appreciate the grounds that the defendants urge to bring the suit to an untimely conclusion, it is necessary to assess the plaintiff's case. The plaintiff says that by a writing of March 3, 1968 the plaintiff agreed to purchase a piece of land at Kasba from the defendants or their predecessors-in-interest. The plaintiff says that out of the plot of 85 bighas and a bit, the proposed transferors agreed to carve out 78 bighas for transfer thereof to the plaintiff at Rs. 2,800/- per bigha adding up to Rs. 2,18,400/ -. According to the plaintiff, the proposed transferors were to execute the conveyance in favour of the plaintiff or its nominee 'within six months upto the limit of 12 months' from the date of the agreement. The document of March 3, 1968 is in Bengali and an inaccurate English translation thereof has been produced by the plaintiff.;