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2001 Supreme(Bom) 124

D.Y.CHANDRACHUD
Balu Baburao Zarole & others – Appellant
Versus
Shaikh Akbar Shaikh Bhikan & others – Respondent


JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---In the first of these two companion Second Appeals (S.A. 615/2000), the suit for specific performance has been decreed and the judgment of the trial Court has been affirmed in appeal. The Original First Defendant, whose heirs are the appellants, became a deemed purchaser under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, and the purchase price was fixed at Rs. 20,032/-. The first defendant was a tenant in respect of Survey Nos. 216 and 217. On 30th November, 1974, an agreement to sell was entered into by the first defendant with the plaintiff, by which the plaintiff made the entire payment towards the purchase price of Survey Nos. 216 and 217 on behalf of the First Defendant. The first defendant agreed to sell Survey No. 216 to the plaintiff.

2. The trial Court decreed the suit holding that the agreement to sell was duly proved and that the plaintiff who had paid the entire consideration had established his readiness and willingness to perform the contract. The trial Court held that the plaintiff was entitled to specific performance of the contract subject to the sanction by the Collector under section 43 of the Bomba









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