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2008 Supreme(Bom) 407

C.L.PANGARKAR
Dashrath s/o Kisan Bondade – Appellant
Versus
Shyam Sunder s/o Madanlal Khandelwal – Respondent


Advocates appeared:
Mr.V.R.Mundra, Advocate for the appellants.
Mr.M.G.Bhangde, Senior Advocate with Advocate
Mr.V.V.Bhangde, for the respondents.

JUDGMENT:

1. This is defendants appeal.

2, The facts giving rise to this appeal are as follows - The plaintiff was interested in buying agricultural land. He had, therefore, made a request to one Mr.Bang to be in search of agricultural land for him. Through Shri Bang, the plaintiff approached the defendant no.1 in September, 1989 for purchasing the land belonging to the defendant. The defendant agreed to sell the suit land to the plaintiff for consideration of Rs.40,000/- per acre. It was agreed initially that the plaintiff will pay Rs.5000/- as an advance and part of the consideration i.e. Rs.1,50,000/- shall be paid on or about 6/11/1989, on the date the defendant agreed to execute an agreement of sale. Balance of the consideration was to be paid at the time of the execution of the sale-deed. The defendant executed an agreement in favour of the plaintiff and the plaintiff paid him Rs.1,55,000/-. It was agreed that the property shall be sold free from all encumbrances. The agreement was to be completed by 30/5/1990. It was also agreed that the defendant would assist the plaintiff in obtaining
















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