1968 Supreme(Bom) 26
D.G.PALEKAR
Popat Namdeo Sodanvor – Appellant
Versus
Jagu Pandu Govekar – Respondent
JUDGMENT - 1. This is an appeal on behalf of a minor whose suit for specific performance of a contract to purchase irnmoveable property has been dismissed by both the courts. Survey No. 40/A in village Koregaon belonged to one Namdev, On 20th April 1954, Namdev sold six acres out of this survey number to the defendant Jagu Pandu Govekar for a consideration of Rs. 1500. The plaintiff is the minor son of Namdev and he filed the present suit against the defendant for a declaration that the sale-deed in respect of the six acres in favour of the defendant was obtained by the defendant by fraud and without adequate consideration It was also alleged that advantage was taken of Namdev as he was vicious and given to drink. When the guardian-mother came to know of the transaction, she gathered panchas in whose presence the defendant expressed regrets about the transaction and agreed to return the land. Accordingly on 24th December 1954, the defendant gave a writing to the plaintiff represented by his mother agreeing to reconvey the land on payment of Rs, 1500. That document is Ex.50. On these allegations, the plaintiff wanted the sale-deed to be set aside, or, in the alternative,specificperf
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