No. 3/05.11.2008.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. S. K. Mukherjee, the Ld. Advocate and Respondent through Mr. A. Banerjee, the Ld. Advocate are present. 

The appeal was filed against the judgement dated 28.04.2008 passed by South 24 Pgs. in CC No. 109 of 2007 whereby the O.Ps were directed to execute the Deed of Conveyance of the flat in favour of the Complainant within a month and O.P. No. 1 was directed to pay an amount of Rs. 20,000/- to the Complainant.  This appeal has been filed by O.P. No. 2.  The contention of the Appellant is that the O.P. No. 1, since deceased, was under an agreement developing the property belonging to the O.P. No. 2, the Appellant and, therefore, on her death her heirs are to take entire responsibility under the agreement and the Power of Attorney and the Appellant has no nexus with the said O.Ps.  The Ld. Advocate for the Complainant – Respondent contended that the landlord cannot deny his responsibility in execution of the Deed of Conveyance when admittedly he entered into development agreement with the developer.

This responsibility could not be effectively denied by the Appellant.  On perusal of the record we find that the direction to execute the Deed of Conveyance was on all the O.Ps and compensation has been directed only against the O.P. No. 1.  O.P. No. 1 has not preferred the appeal and, therefore, has not shown any grievance against the order.  The Appellant only contended that he is not collusion with the other O.Ps but he has not effectively denied his responsibility to execute the Deed.  In such circumstances we do not find any ground for interference with the impugned judgement and, therefore, the appeal fails and hereby dismissed.