- (1.) This second appeal is at the instance of a plaintiff in a suit for specific performance of contract and is directed against the judgment and decree dated January 25, 1991 passed by the Learned Additional District Judge, 2nd Court, Alipore in Title Appeal No. 253 of 1988 thereby modifying those dated April 30, 1988 passed by the learned Munsif, 1st court, Alipore in Title Suite No. 331 of 1981.
(2.) There is no dispute that the respondents No. 1 to 10 are owners of the suit property and- that on December 28, 1974 entered into an .agreement to sell the suit property at the price of Rs. 7,650/--after acceptance of earnest money of Rs. 500/-. Subsequently the respondents No. 1 to 10 from time to time accepted further amount from the appellant towards consideration money and the time to execute the deed was extended. In the meantime, the Urban Land (Ceiling and Regulation) Act, 1976 ("Act") having come into force, the respondents No. 1 to 10 had filed statement under Section 6 thereof intimating their intention to retain the suit land but no notification under Section 10(1) of the Act has yet been published.
(3.) Under the aforesaid circumstance, alleging refusal of the respondent No. 1 to 10 to perform their part of the contract, the appellant filed the aforesaid suit for specific performance of contract. In the suit, competent authority Urban Land Ceiling Act Calcutta was made defendant No. 11.;