SAHIDULLAH MUNSHI,J. - (1.) This revisional application is directed against order No. 27 dated 5th January, 2018 passed by learned Judge, 10th Bench, City Civil Court at Calcutta being Title Suit No. 220 of 2014. at the instance of the plaintiff-petitioner.
(2.) In brief the plaint case is that the plaintiff entered into an agreement for sale of the suit property being a flat measuring about 600 sq. ft. (super built up area) be the same a little more or less on the eastern side of the three storied residential building situated at premises No. 42B, Raja Raj Ballab Street, P.S. Shyampukur, Kolkata 700 003 fully and particularly described in the first schedule of the said agreement. The agreement was executed by and between the parties on 26th July 2006. It is one of the terms in the agreement that in case the defendant failed to pay the amount of instalment being part of the consideration money, the agreement shall be deemed to have been terminated and the relationship between the plaintiff and the defendant would be licensor and licensee. On the happening of such an event that the defendant failed to act in terms of the said agreement by not paying the instalment within the time stipulated, the plaintiff revoked the licence and filed a suit for eviction against the defendant. In such a suit for eviction, the defendant has filed a written statement with counter claim. Prayers made in the said counter claim are set out below: (a) The suit of the plaintiff be dismissed with costs; (b) Decree for declaration that in part performances of the mutual agreement for sale the defendant was put in possession of the suit premises fully described in the Schedule written hereinbelow and he is in settled possession thereof as owner; (c) Decree for mandatory injunction directing the plaintiff to execute and register the Deed of Conveyane in respect of the suit premises fully described in the Schedule written hereinbelow on receipt of balance consideration of Rs. 79,798/-alternatively an officer of the Court be deputed to execute and register the Deed of Conveyance in respect of the suit premises; , (d) All costs of land including this counter claim and Advocate's fees; (e) Such other relief or reliefs to which the defendant is entitled to under the law and in equity.
(3.) A separate schedule has also been mentioned while filing the counter claim. The said schedule is at page '69' and is reproduced hereinbelow: "All THAT one self contained Flat measuring about 375 square feet (super built up area) be the same a little more or less consisting of two bed rooms, one kitchen cum dinning, one toilet together with the undivided proportionate share of land along with right of user of common areas and all other facilities and amenities attached thereto lying and situated on the Eastern side of the First Floor at Premises No. 42B, Raja Rajaballav Street, under Police Station Shyampukur, Kolkata- 700003 being butted and bounded:- On the North Partly by staircase and partly by flat under occupation of Kaushik Mullick; On the East By common passage beneath; On the South By common passage beneath; On the West By common passage beneath.";