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1981 Supreme(Bom) 36

A.N.MODY
B. J. PATEL – Appellant
Versus
Vadilal Dolatram & Sons and others – Respondent


JUDGMENT - Mody A.N. J.- This is an application by the defendants under the provisions of section 52 of the Transfer of Property Act for relief from lis pendens. The grounds urged in the affidavit-in-support of this application are, inter alia, that the plaintiff's suit is for specific performance of an alleged -agreement which is oral only, that the 1st defendants' firm which has allegedly agreed to sell the property consists of partners who are very old and that they are not helped in the business by their sons who have their own independent business, that none of the defendants reside at the suit property, that the property is a valuable property worth about Rs. 20 lacs and that the defendants desire to wind up the affairs of the partnership and the main thing necessary for the purpose is to sell the property. The affidavit thereafter proceeds t9 narrate shortly the circumstances surrounding the alleged agreement and concludes that the entire case in the plaint is false and that the suit is tiled only with a view to prevent the defendants from selling the property pending the suit. It is contended that in fact the plaintiff has no cause of action at all and that is the reason wh








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