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1959 Supreme(Bom) 27

S.M.SHAH, D.V.PATEL
Rakhama Sitaram Ghadge – Appellant
Versus
Laxman Sitaram Ghadge and Anr – Respondent


JUDGMENT - (1) The dispute in this appeal relates to two lands - Survey Nos. 155/5 and 155/6 of the village of Kandali, Taluka Junnar, district Poona. the lands originally belonged to the plaintiff. By a conveyance, dated 17-1-1951 the plaintiff sold these lands to the first defendant for Rs. 500. The first defendant then executed an agreement in favour of the plaintiff, who it may be noted is his full brother, whereby he contracted to re convey the lands to the plaintiff at any time on repayment of Rs. 500. On 13-11-1954 the plaintiff served a notice calling on the first defendant to re convey the property pursuant to the agreement., dated 17-11-1951, but the first defendant declined to carry out the requisition. The plaintiff then filled Civil Suit No. 16 of 1955 in the court of the Civil Judge, Junion Division, Junnar, for a decree for specific performance of the agreement. To that suit, Krishanabai - wife of the first defendant - was impleaded as the second defendant on the allegation that she was managing the property on behalf of the first defendant. The suit was resisted by the first defendant who contended that the condition relating to reconveyance to the property at any t










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