JUDGMENT - D.G. DESHPANDE, J.:---This is a suit filed by the plaintiff for a declaration that the agreement dated 1st April, 1978 is valid and subsisting and the plaintiff is entitled to specific performance thereof, and for specific performance and other incidential reliefs. The case of the plaintiff, in short, is as under :-

2. The defendant was the owner of the suit flat. She was the member of Merryland Co-operative Housing Society Limited. She was also the owner of the furniture and fixtures. She entered into an agreement of sale with the plaintiff, for the shares, suit flat and the furniture and fixtures for a sum of Rs. 1,65,000/- upon the terms and conditions mentioned in the said agreement. The plaintiff paid Rs. 10,000/- as an earnest money. The balance was to be paid after giving possession of the suit flat by the defendant and transferring the flat to the plaintiff. That the possession was given on or before 30-4-1978. The date of this agreement is 1-4-1978. According to the plaintiff, the defendant applied to the society in May 1978 for transferring the shares and flat in the name of the plaintiff. The society by their letter dt. 13-5-1978 asked the plaintiff to give und

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