This case arises over a complaint filed by one Smt. Mahalaya Mukherjee against M/s Devlok Construction and six others, praying for a direction upon the OPs to execute and register a Deed of Conveyance in favour of the Complainant and also for payment of compensation and litigation cost to the tune of Rs. 50,000/- and Rs. 10,000/-, respectively.

            Case of the Complainant, briefly stated, is that, by an Agreement for Sale, one Smt. Trishna Guha, since deceased, decided to sell a 750 sq. ft. flat situated at Premises No. 89, Sagar Manna Road, (Postal address: 130/A, Sagar Manna Road), P.O. Parnasree Pally, P.S. Behala, Kolkata – 700 060 in favour of the Complainant at a total consideration amount of Rs. 15,00,000/-.  On the date of execution of the Agreement for Sale, the Complainant paid a sum of Rs. 1,00,000/- and rest of the consideration amount has been paid thereafter to said Trishna Guha, since deceased.  As ill luck would have it, because of sudden demise of said Trishna Guha the said flat could not be registered in the name of the Complainant.  So, the Complainant requested the OPs on several occasion to register the flat in her name, but to no avail.  Finding no other alternative, Complainant filed this case.

            Upon receipt of notice from this Forum, OP Nos. 1, 6 & 7 appeared to contest the case.  By filing WV, they denied all the material allegations of the complaint.  Besides disputing the jurisdiction of this Forum to adjudicate the present case, it is stated that, OP Nos. 2 to 7 are the co-owners of the schedule premises.  After construction of a new building, OP No. 1 sold out its allocated portions to different purchasers of its choice, who became absolute owners of their respective purchased portions.  After obtaining allocated portions by the landowners jointly from the Developer, a civil suit being Title Suit No. 5776 of 2013, was filed by OP Nos. 2 & 3 against other landowners before the Ld. 7^th Civil Judge (Sr. Division) at Alipore and the said suit is still pending for disposal.  Moreover, in the said Title Suit, one Monoj Guha, being one of the co-owners of jointly allocated landowners’ portion has also been made party. When a Title Suit is pending before the Ld. Civil Court for effecting partition of the joint property amongst the co-sharers according to their possession and allocation, these OPs wonders, how could Trishna Guha, since deceased, wife of Late Monoj Guha, being one of the joint owners of the property  could get such authority under the law to enter into an Agreement for Sale with a third party stranger to dispose of or convey her occupied portions which is yet to be partitioned and allocated according to law.  On the contrary, it is claimed that, these OPs have no responsibility, liability and obligation to perform any legal acts to convey the right, title and interest of a particular flat in favour of a third party stranger under the undated Agreement for Sale  to which they have not been made party and by and large, the Agreement for Sale, which is being referred to by the Complainant in the said application, has got no value and legal effect under the Law and the said agreement is not binding upon the OPs.  Accordingly, these OPs prayed for dismissal of the present case.

            Point for determination is whether the Complainant is entitled to any relief, or not.

Decision with reason

            The first relief sought for by the Complainant is to get a Deed of Conveyance pertaining to the schedule flat executed through the OPs.  In support of her case, Complainant filed photocopy of one undated Agreement for Sale executed in between the Complainant and Trishna Guha, since deceased.

            Admittedly, the price of the flat was fixed at Rs. 15,00,000/-.  On going through the documents on record, we find that, Complainant paid a sum of Rs. 1,00,000/- at the time of executing the said undated Agreement for Sale.  Also, it appears from the photocopy of a money receipt that the Complainant paid further sum of Rs. 12,00,000/- to said Trishna Guha, since deceased by means of cheques and cash.  Apart from that, no other document/money receipt is furnished from the side of the Complainant to show that she paid the residual amount of Rs. 2,00,000/- to said Trishna Guha, since deceased. 

            Be that as it may, fact remains that the Agreement for Sale was executed in March, 2015; whereas, a partition Suit in respect of the schedule property as well as other properties is pending before the Ld. 7^th Civil Judge (Sr. Division) at Alipore since the year 2013.  Naturally, while the matter is already sub-judice, we do not deem it proper to deal with the same, as it would be tantamount to interference into the working of another competent Court of Law which may even result in passing conflicting orders.  Above all, the nature of dispute, as it appears, is purely civil in nature.  Seemingly, Complainant has chosen a wrong Forum to air her grievance.  The relief probably lies in approaching the concerned Civil Court to implede her as a necessary party to the said suit.

            Thus, we are inclined to hold that the Complainant is not entitled to any relief.

Hence,

O R D E R E D

            that CC/138/2016 be and the same is dismissed on contest against OP Nos. 1,6& 7 and ex parte against rest of the OPs.  No order as to costs.