1. The original defendant Nos. 1 to 4 have preferred this Appeal challenging the Judgment and decree for specific performance of contract in Special Civil Suit No. 595 of 1986 passed by the Civil Judge, Senior Division, Pune, in favour of the original plaintiff, who is respondent No.1 in the present Appeal.

2. To state in brief, the plaintiff is a Co-operative Housing Society and it filed the suit for specific performance of contract against the defendants. The suit pertains to two properties shown as property “A” and property “B” in the plaint. Property “A” is 2 acres and 10 gunthas land from southern side out of Survey No.30/2 admeasuring 13 acres and 15 gunthas belonging to defendant no.3 – Arviind Shankar Potnis. Property “B” is 2 acres and 2 gunthas land from southern side of Survey No.29/2 admeasuring 1 Hectare and 91 Ares and it belongs to the defendant no.2 - Raghunath Shankarrao Potnis.

3. According to the plaintiff, it had purchased certain lands and constructed certain houses for its members. However, even after accommodating about 30 members, there were large number of persons, who were on waiting list, aspired to have their own houses in the Society. There