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1950 Supreme(Bom) 83

P.B.GAJENDRAGADKAR, M.C.CHAGLA
Bajranglal Gangadhar Khemka and Anr. – Appellant
Versus
Kapurchand Ltd. – Respondent


JUDGMENT - Chagla, C.J.

[1] This is an appeal from a judgment of Bhagwati J., by which be made an order on a motion for contempt by which he ordered the committal of the appellants unless certain requisitions contained in the order were carried out within the time specified therein.

[2] The suit which led to the taking out of this motion was for specific performance, and alternatively for damages. The plaintiffs were the lessees of a cinema known as the "Paradise Cinema" and in the lease there was a clause which gave the plaintiffs an option to purchase the property. The grievance of the plaintiffs was that, on 3rd February 1942, the defendants had entered into an agreement of sale of the property in favour of the Paradise Cinema, Limited, without giving them the option to which they were entitled; and it was to enforce this option that the suit was filed. The answer given by the defendants was that the plaintiffs were informed of the agreement of sale with the Paradise Cinema, Limited, and that the plaintiffs had failed to exercise the option. The defendants further alleged that, subsequent to the agreement of 3rd February 1942, in view of the objection taken to it by the head lesso














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