S.B.Sinha, J. - (1.) This appeal is directed against a Judgment and Order dated 11-5-99 passed by Shri B. Das, Civil Judge, Senior Division, 1st Court, Midnapore in Other Suit No. 57 of 1999 whereby and whereunder he allowed the application for injunction filed by the Plaintiff-Respondent herein.
(2.) The basic fact of the matter is not in dispute. In a suit between Rathindra Nath Ghosh (sic) and Bratindra Nath Ghosh, the predecessors-in-interest of the Plaintiff and the Defendants-Respondents, a compromise was entered into which having been recorded, a consent decree was passed 35-5-89 in J.S. No. 137 of 1981. The compromise petition which formed part of decree contained the following stipulation:- "The dwelling and adjoining land in front of homestead obtained by the parties on which they live, if they like to sell that or any part of that, then they have to inform other side by notice, obtaining the notice if a party is incapable to buy that then the said property can be transferred to other."
(3.) Admittedly no individual notice was given pursuant to the aforementioned agreement to the plaintiff-respondent but an advertisement was issued in Ananda Bazar Patriaka to the effect that the defendant No.1 intendes to sell the said property. Thereafter, two registered deeds of sale were executed by Bratindra Nath Ghosh in favour of the appellant herein on or about 20.5.98.;