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1991 Supreme(Bom) 340

H.D.PATEL, N.W.SAMBRE
Suman Parmananddas Mundhada & others – Appellant
Versus
Saroj Screens Private Ltd. & others – Respondent


JUDGMENT - PATEL H.D., J.:---The aforesaid two appeals arise from the judgment delivered by the Joint Civil Judge, Senior Division, Nagpur, on 28th day of April, 1980 in Special Civil Suit No. 96 of 1974 decreeing the plaintiff's claim by calling upon the original defendants Nos. 1(a) to 1(d) to execute a deed of assignment in favour of the original plaintiff upon their depositing Rs. 79,000/- within two months and assigning all their legal rights in the suit plot in favour of the original plaintiff. Upon execution of such assignment deed the original defendant No. 2 was directed by the decree to execute the lease deed for a period of 30 years on revised ground rent of Rs. 4,000/- per year commencing from 17th March, 1974 in conformity with the conditions noted in the original lease-deed (Exhibit 120). Appeal No. 95 of 1980 is filed by original defendants Nos. 1(a) to 1(d), whereas Appeal No. 96 of 1980 was filed by original defendant No. 2. Since both the appeals arise from a common judgment, they are being heard and disposed of also jointly by this judgment. The facts alleged in the plaint are as follows:

2. The plaintiff-Saroj Screens Private Ltd. is a private limited company hav







































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