Biswanath Somadder, J. - (1.) The instant appeal arises out of a judgment and decree dated March 9, 2015, passed in a suit for specific performance filed by appellant as the plaintiff. By the said judgment and decree, the suit was dismissed.
(2.) In the said suit, the appellant / plaintiff had sought for specific performance of an agreement in writing dated September 1, 1982 entered into by and between the defendant nos.1 to 4 as modified by another written document dated July 30, 1984. The appellant/plaintiff claims to be the nominee of the defendant no.4 being the respondent no.4 in the appeal. The said two agreements were allegedly entered into between the trustee of a trust and the respondent No.4. The defendant/respondent nos.1 to 3 as the trustees of the Trust known as Trust Estate Jitendro Mullick (hereinafter referred to as the said Trust) who allegedly entered into the said two agreements through the trustees. The respondent nos.5 to 9 are the added defendants being the subsequent trustees of the said Trust. The defendant no.8 is the receiver/appointee in another suit being CS No.7110 of 1990 (Purnendro Mullick vs. Dhirendro Mullick & Ors.) which is inter se between the trustees of the said Trust. The subject suit was contested jointly by the defendant nos.3, 6 and 7 respectively being the respondent nos.3, 6 and 7 in the appeal and separately by defendant no.5 being the respondent no.5 in the suit.
(3.) On the basis of the pleadings eight issues were framed which are as follows :- "1. Is the present suit maintainable in its present form? 2. Whether the Agreement for Lease dated 1st September, 1982 executed by and between the Defendant Nos. 1, 2 and 3 for and on behalf of "Trust Estate Jitendro Mullick" and the Defendant No. 4 binding upon the parties? 3. Whether the Plaintiff as the nominee of the Defendant No. 4 to the said Agreement entitled to enforce the said agreement against the Defendant Nos. 1, 2 and 3 and/or the said Trust? 4. Is the Plaintiff entitled to the decree of specific performance of the said agreement as claimed for in the plaint? 5. Is the Plaintiff entitled to the decree of delivery of vacant and peaceful possession of the said premises? 6. Is the Plaintiff entitled to the perpetual injunction restraining the Defendant Nos. 1, 2 and 3 and their servants and agents from dealing with, alienating or parting with possession and inducting any tenant in the said premises? 7. To what other relief or reliefs, if any, the plaintiff is entitled to as against the defendant Nos. 1, 2 and 3? 8. Is the claim of the plaintiff barred by the laws of limitation?";