JUDGMENT :-

R.K. Agrawal, J.

Civil Appeal No. 1148 of 2010

1. This appeal has been filed against the judgment and order dated 06.05.2008 passed by the Division Bench of the High Court of Judicature at Bombay in Appeal No. 245 of 2006 in Suit No. 1414 of 1979 whereby the High Court allowed the appeal filed by respondents herein while setting aside the decree dated 12.12.2005 passed by the learned single Judge of the High Court in favour of the appellant herein in Suit No. 1414 of 1979 for specific performance of the agreement dated 19.10.1977.

Brief facts:

2. (a) In October, 1977, Respondent Nos. 1 and 2 agreed to sell their respective right, title and interest in the property admeasuring approximately 13011 sq. yards or thereabouts of Mahim T.P.S. III, Plot No. 264 opposite Matunga Western Railway in favour of Shri Nandkishore Lalbhai Mehta – the appellant herein which was resolved under an Agreement for Sale dated 19.10.1977 on certain terms and conditions.

(b) The relevant terms of the agreement are as under:-