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2012 Supreme(Bom) 2020

ROSHAN DALVI
Kantilal Vasanji Chheda – Appellant
Versus
Vrajesh Kantilal Patel – Respondent


Advocates Appeared:
For the Plaintiff:Hiralal Thakkar i/b. Motiwala & Co., Advocates.
For the Defendants:K.J. Presswala, Advocate.

Judgment

1. The Plaintiff has sued for a declaration that the agreement dated 10th April, 1981 is valid, subsisting and binding on the defendants and that the conveyance Exh. H to the Plaint is subject to the Plaintiff's right and for specific performance of the agreement dated 10th April, 1981 as also for recovery of Rs.21,42,827/-and declaration of the statutory charge for repayment of that amount.

2. The Plaintiff and defendant Nos.1 to 7 agreed to purchase the suit property which is an open plot of land called Irani property at village Nagargaon, Lonavla from the owners, the predecessor-in-title of defendant Nos.31,32 & 33 on 10th April, 1981. Though the agreement is not produced by any party, its execution is not denied. The Plaintiff claims a 15% share in the suit property which is also not denied. The Plaintiff claims to have contributed Rs.34006.64 towards purchase price being 15% of the total consideration which is stated to have been paid by the Plaintiff after the agreement was executed, the total purchase price having been paid by M/s. Eastley Lam & Co., the firm in which the Plaintiff was then a partner. The possession of the suit property was handed over to the purcha
















































































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