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CS 576 of 1990 is taken up for passing judgment on a preliminary point as to
whether the suit is barred by Section 31 of the FERA, 1973.
During pendency of the suit, an application was filed under Order VII Rule 11
of the Code of Civil Procedure by the Defendant, praying for rejection of the plaint. A
Co-ordinate Bench, in terms of the Order dated 4th May, 2021 rejected the
application itself. An appeal was preferred against the said order. The Division
Bench in APOT 159 of 2021 in terms of Order dated 17th November, 2021 directed
that the issue of maintainability of the suit shall be decided as a preliminary point.
Accordingly, the suit is taken up for passing the judgment on preliminary issue. On
4th January, 2023, Co-Ordinate Bench framed preliminary issue and proceeded with
witness action. Thereafter, the suit was taken up for hearing argument on
preliminary issue,
The sum and substance of the plaint case is that the original Plaintiff being the
deceased father of the Plaintiff nos. 1 to 3 instituted the instant suit against the
original Defendant, praying for decree of specific performance of the agreement for
sale dated 22nd January, 1989 in respect of premises no. 6, Chowringhee Lane,
Kolkata-700016 along with other prayers. The prayers made in the plaint are decree
for specific performance of the agreement; decree directing the Defendants their
servants, agents and representatives and assigns to execute and register in due form
of law in favour of the substituted Plaintiffs of their nominee or nominees, deed or
deeds of conveyance in respect of the premises no. 6, Chowringhee Lane, Kolkata-
700016, in default, deed of conveyance may be executed by the Learned Registrar,
Original Side of this Court; decree for Rs.5,00,000/-; in case, decree for specific
performance of the agreement dated 2nd January, 1989 is granted, a decree for a sum
of Rs.6,35,000/-, along with other prayers.
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