JUDGMENT- B.V. CHAVAN, J.:---Appellant-Original defendant No. 26, by name `The Mohatta Nagar Co-operative Housing Society Ltd., Vikroli, Bombay-79, has by this appeal challenged the judgment and decree passed by the Judge, City Civil Court, Bombay on 29th April, 1988 in Suit No. 3204 of 1970, filed by respondent No. 1 M/s. Vishram Khimji Sons.

2. The undisputed facts giving rise to the present appeal, may be stated thus :Plaintiff is a partnership firm registered under the Indian Partnership Act. In 1962, in pursuance of an Agreement of Sale, plaintiffs entered into possession of a plot of land, bearing Survey No. 27/A, Hissa No. 1(pt) and S.No. 90, H.No. 23 (pt), totally admeasuring 2,351 square yards, at Vikroli, Greater Bombay, for the purpose of developing the same by constructing flats and selling such flats to prospective buyers on ownership basis. At a later stage, on 22nd December, 1963, plaintiffs by a Deed of Conveyance, purchased the said plot from the owner Smt. Sushila. Between 1962 and 1966, certain flats were sold. Defendant Nos. 1 to 21, who had originally joined as parties, were such purchasers of flats constructed by plaintiffs on the said land. Original defendan

Click Here to Read the rest of this document