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2001 Supreme(SC) 850

S.N.VARIAVA, V.N.KHARE
Mohamed Asgar Mohamed Mazhar – Appellant
Versus
Arvind Raghunath Sawant – Respondent


ORDER

This is a plaintiffs appeal.

2. On 20th September, 1960 the defendant-respondents executed an agreement for sale of the property situate at Bhiwandi, Mumbai for a sum of Rs. 7,500/-. It is alleged that the plaintiff-appellants paid a sum of Rs. 1,000/- as earnest money and subsequently, another sum of Rs.16,000/- was also paid. However, the defendant-respondents refused to execute the sale deed. The plaintiff-appellants thereafter filed a suit for specific performance for sale of the property. The defendant-respondents filed a written statement wherein the plea taken was that since the property belonged to a joint Hindu Undivided Family and the minors are co-sharers, no relief for specific performance can be granted. The defendant-respondents also filed a counter claim in the suit for delivery of possession of the property. The trial court dismissed the suit as well as the counter claim. The plaintiff-appellants preferred an appeal against the judgment of the trial court to the extent the relief for specific performance was refused. Similarly, the defendants also filed a cross appeal to the extent the trial court rejected the counter claim filed by them. The first appellate co





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