JUDGMENT (PER SMT. ROSHAN DALVI, J.)

1. The Appellants are the original Defendant s in the above Suit. They were sued upon an unregistered agreement dated 15th April, 1988 executed by them with the Respondent s on 15th April, 1988 for purchase of a Flat No.G- 30 in Army Welfare Co-operative Society (Organisation), Salunkhe Vihar at Pune for Rs.3,23,000 / - . The Appellants paid Rs.2,98,000 / - to the Respondent s out of the aforesaid consideration. They have been put in possession. They have remained in possession since.

2. The Respondent No.1 is a retired Army Officer. He was allotted the said premises. The said premises could be transferred only to the persons declared eligible for allotment of such dwelling units. It is the case of the Respondent s that the Appellants were not eligible but made representation to the Respondent s that they were eligible and consequently made members of the Society pursuant to which they executed agreement for sale in their favour. They later found out that the representations made by them were fraudulent. Hence, they sued the Appellants for declaration that the agreement is void and not binding on them and for recovery of the possession of the fl

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