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1973 Supreme(Bom) 106

B.A.MASODKAR, M.N.CHANDURKAR
Hasam Nurani Malak – Appellant
Versus
Mohansingh and Anr. – Respondent


JUDGMENT - Chandurkar, J.

1. These two cross-appeals, one filed by the defendnat and the other filed by the plaintiffs arise out of a decree passed by the Civil Judge. Senior Divisons. Wardha decreeing the calim for specific performance of a contract of resale and directing the plaintiffs to deposit in Court Rs. 9,000/- plus Rs. 8,100/- on account of interest for payment to the defendnat within six months fromt he date of the decree. Admittedly the plaintiffs were the owners of filed khasra No. 96 area 6.95 acares in Bhumiswami rights situated at Jawoorwada. Tahsil Arvi. District Wardha. On 7.3.1957 the plaintiff executed a sale deed for a consideration of Rs. 9,000/- in respect of this field in favour of the defendant. The filed was already in possession of the defendant under a registed leas edeeed dated 5.6.1952 by which the right to pluck and remove the fruit from the garden or orange musambi, lemon and guava trees in the filed was transferred to the to the defendant for a period of five years from 1952-53 to 1956-57 foir a consideration of Rs. 7,000/-. The defendant was also entitled to pluck and remove the pails fromt eh said garden for the period 1957-58 to 1960-61 by naother





















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