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1965 Supreme(Bom) 165

VASANTI A.NAIK
Bhiku Keru Gade – Appellant
Versus
Dashrath. – Respondent


JUDGMENT - (1) The suit giving rise to this appeal was filed by the plaintiff for specific performance of the agreement of sale. The material facts stand briefly as follows; Survey No. 42 A measuring for acres and forty-seven gunthas and assessed at Rs. 14 (plus water cess Rs. 5 ) situate in Moravale village orginally belonged to the plaintiff. He had leased the said land to Keru Mahadu Gade, the father of defendants Nos. 3 to 5, and the name of Keru had been entered in the record of rights as a protected tenant. On 2-2-1955 the plaintiff executed a sale deed in favour of defendants Nos. 1 and 2 and Keru Mahadu. the father of defendants Nos. 3 to 5, for a sum of Rs. 2000 (Ext. 44). The same day, defendants Nos. 1 and 2 and defendant No. 3, who is the son of Keru Mahadu, executed an agreement of sale in favour of the plaintiff (Ext. 56). The agreement stipulated that the property would be reconveyed to the plaintiff on his payment of the sum of Rs. 2000, for which it was sold to the defendants Nos. 1 and 2 and Keru Mahadu. Keru Mahadu died in April 1956. On 5-5-56 the plaintiff gave a notice to defendants Nos. 1 to 3 calling upon them to execute a sale deed in pursuance of the agree



























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