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2009 Supreme(Bom) 497

A.P.DESHPANDE
Ramdas Shivram Sattur – Appellant
Versus
Rameshchandra @ Ramchandra Popatlal Shah – Respondent


Advocates appeared:
For the Appellant :Gauri Godse, Advocate. For the Respondents:
H.P. Vyas, P.M. Vyas, Advocates.

JUDGMENT :-

1. One Smt.Tarabai is the original defendant No.1. Her husband by name Shivram had purchased a plot of land in his own name bearing Plot No.7 admeasuring 5610 square feet from Nav Rajasthan Cooperative Housing Society Ltd. (original defendant No.2). During his life time, Shivram nominated Tarabai as his nominee and the said nomination was pursuant to Section 30 of the Maharashtra Cooperative Societies Act r/w Rule25 of the Rules framed thereunder. Shivram and Tarabai had four children viz. the present appellant by name Ramdas, Krishnadas, Vitthaldas and Sau.Sangita. Ramdas was original defendant No.3 whereas Krishnadas, Vitthaldas and Sau.Sangita were the defendant Nos.4, 5 and 6. After the death of Shivram, Tarabai entered into an agreement of sale with the original plaintiff by name Rameshchandra @ Ramchandra Popatlal Shah. The agreement is purported to have been executed on 11.08.1980. Under the agreement of sale, the suit property viz. the plot of land was agreed to be sold for total consideration of Rs.50,000/. Out of the said Rs.50,000/, Rs.500/have been paid by way of earnest money. The respondents Nos.1 and 2 herein (original plaintiffs) instituted a suit against




































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