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2008 Supreme(Bom) 739

N.A.BRITTO
Malini V. Parab @ Prabhu – Appellant
Versus
Prafullakumar R. Deshpande (deceased) – Respondent


Advocates:
Advocate Appeared
Shri. P. S. RAO, Advocate for the Appellants,
Mr. C. A COUTINHO, Advocate for Respondent No.3,

JUDGMENT:_ The plaintiff's suit for specific performance of agreement dated 13-190 has been decreed by the learned Civil Judge, Sr. Division at Quepem by Judgment/Decree dated 24-2-1997. Hence this appeal by the defendants.

2. The parties hereto shall be referred to in the names as they appear in the cause title of the said civil suit. Some admitted facts are required to be stated to dispose of this appeal.

3. The defendants are Owners of a property admeasuring 584 sq. metres surveyed under NO.128 of Curchorem Village in which they constructed a house. The said plot was purchased by the defendant No.1 earlier by Deed of Sale dated 22-2-1982. By virtue of agreement dated 13-1-90, rectified by another agreement dated 22-2-1990, the defendant No.1 (since expired and now represented by his legal representatives) entered into an agreement of sale with the plaintiffs. It is necessary to refer to some of the clauses of the said agreement. By virtue of clauses (1) and (2), the suit plot along with the house was agreed to be sold to the plaintiffs for a sum of Rs.2,00,000/-, out of which Rs.10,000/- were paid by a cheque, as earnest money. Clause (3) stipulated that the defendants would h

























































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