1968 Supreme(Bom) 34
M.N.CHANDURKAR
Radhabai – Appellant
Versus
Parwatibai – Respondent
JUDGMENT - 1. The applicant is the defendant against whom one Doma had filed a suit for specific performance of an agreement of sale entered into by the applicant with him. The applicant, on 7-5-1965, entered into an agreement to sell a house No. 1288/1 + 4 in Circle No. 4/6 at Nagpur to the original plaintiff Doma for a sum of Rs. 10750, and accordingly, the applicant-defendant had executed an Isarchitti on the same date. The Isarchitti recites that the applicant had received a sum of Rs. 500 as part payment of the purchase price of Rs. 10750, and that a sale-deed was to be executed within 4 months from the date of the agreement. The original plaintiff Doma, alleging that the defendant had failed to execute a sale-deed as agreed, filed a suit on 28-9-1965 asking for specific performance of the agreement dated 7-5-1965. Unfortunately the original plaintiff Doma died on the same date after the suit was filed by him, Doma died leaving behind his widow Gaurabai and his married daughter Parwatibai, who is the opponent in this revision application.
2. After the suit was filed on 23-9-1965, it was fixed for further orders on 28-9-1965. On this date Parwatibai filed an application under Or
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