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1999 Supreme(Bom) 326

R.J.KOCHAR
Chandrakant Bhogilal Gohil – Appellant
Versus
Parushottam Mohanlal Makwana and others . – Respondent


JUDGMENT - R.J. KOCHAR, J.:---Heard the learned Counsel for the parties.

2.Briefly stated, according to the plaintiff, the facts are as under:-

By an agreement dated 28th May, 1981 entered into by and between the plaintiff and the 2nd defendants, the plaintiff agreed to acquire a flat bearing No. 2 on the first floor of the said building admeasuring about 550 sq. ft. (hereinafter referred as "the said flat") in the said building, which was then to be constructed by the 2nd defendants on the terms and conditions mentioned therein. Under the said agreement, though the plaintiff was required to pay total consideration amount of Rs. 94,500/- for purchase of the said flat, the plaintiff has made payment of Rs. 96,000/- to the 2nd defendants. The plaintiff has always been ready and willing to perform his obligation under the said agreement. The 2nd defendants were to hand over possession of the said flat to the plaintiff in any event in the first week of April 1985. The said agreement dated 28th May 1981 entered into by and between the plaintiff and the 2nd defendants has been registered with the Registrar of Assurances, Bombay. The 2nd defendants have wrongly put the 1st defendant in























































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