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2008 Supreme(Bom) 1744

A.P.DESHPANDE, N.A.BRITTO
Guna Krishna Gauns – Appellant
Versus
Antonio Joao Braganza @ Antush Braganza – Respondent


Advocates appeared:
Mr. R.G. RAMANI, Advocate for the Appellants. Mr. F.E. NORONHA, Advocate for Respondents No.2, 6, 7 & 8.
Mr. M.S. SONAK, Advocate for the Cross Objectors/Respondents No.3 & 4.

N.A. BRITTO, J.:-

The appellants herein are the plaintiffs, and, shall hereinafter be referred to as such, whose suit for declaration and other consequential reliefs has been dismissed by the learned trial Court vide judgment/order dated 30/03/2005, and, aggrieved by the said judgment/order the present appeal has been filed. In order to dispose of the same, some facts are required to be stated.

2. The plaintiffs were the owners of a property known as Odlem Bhat admeasuring 22474 sq. mts. surveyed under nos.52/3 and 51/3 of village Curca in which there were some mundkarial houses. On or about 24/12/1992, the plaintiffs and defendant no.1 executed a deed styled as agreement of sale and the plaintiffs also executed in favour of defendant no. 1, an irrevocable general power of attorney. In terms of the said agreement of sale, the plaintiffs agreed to sell the suit property for an amount of Rs.14 lacs and received a sum of Rs.3 lacs and the balance was payable on future dates i.e. Rs.2 lacs on 30/04/1993, Rs.2 lacs on 30/07/1993, Rs.6 lacs on 31/12/1993 and Rs.1 lac on completion of development work. It was further stipulated that on receipt of such payment conveyance of the suit propert



































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