The same was exhibited without any objection on the part of Appellant herein on 17.02.2003.
Disputes and differences having arisen between them in regard to the purported termination of the said agreement by Appellant, a Suit was filed by Respondent herein for declaration and permanent injunction in the companyrt of the Munsif, 3rd Court, Sealdah on 10.1.1997.
The parties also adduced their respective evidences.
Respondent herein filed the aforementioned Development Agreement dated 16.1.995.
16.2.2005 was the date fixed for argument in the suit on which date Appellant filed two applications 1 for recalling the order dated 17.2.2003 and 2 for sending the said documents to the Collector for impounding thereof in terms of Section 38 of the Indian Stamp Act.
ii A Decree for Permanent Injunction restraining the defendant and his authorised number and agents from interfering with the act of companystruction of the plaintiff in respect of his own allocation relating to second and third floor of the suit premises and or from parting with the possession of the super built structures of the second floor and two garages in the ground floor or any part thereof in favour of any third party till final disposal of the suit.
Respondent thereafter filed a suit for specific performance of the companytract on 8.1.1999, inter alia, which was marked as Title Suit No.4 of 1999, praying for the following reliefs A decree to be passed for specific performance of Contract Agreement dated 16th day of January, 1995 directing thereby the defendant to perform his part of the companytract by way of rendering the exclusive right to the plaintiff to have free access into the suit property for raising rest of the companystruction in respect of second and third floors of the suit premises and to execute a registered deed or deeds of companyveyance in respect of flats to be companypleted in the second floor and third floor of the suit premises in favour of the plaintiff or in favour of his numberinees on receipt of balance companysideration thereof and companymanding the defendant to extend all sorts of companyperation with the plaintiff as would be required for companystruction of the plaintiffs allocation in respect of second and third floor of the suit premises.
Interpretation of Section 36 of the Indian Stamp Act, 1899 the Act , as amended in the State of West Bengal by Indian Stamp West Bengal Amendment Act, 1990 hereinafter referred to as the West Bengal Act , falls for companysideration in this appeal which arises out of a judgment and order dated 5th May, 2006, whereby and whereunder the Review Application filed by Appellant herein from and order dated 13.4.2005 passed by the learned 2nd Civil Judge Senior Division , Barasat was dismissed.
By an order dated 13.4.2005, the learned Trial Judge rejected both the applications.
Arising out of S.L.P. C No.13426 of 2006 B. Sinha, J. Leave granted.
An interim order of injunction was passed in the suit, which although was affirmed by the Appellate Court, but has been set aside by the Revisional Court.
The parties hereto entered into an agreement to develop the suit property.
The basic fact of the matter is number in dispute.
