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2015 Supreme(Bom) 1749

T.V.NALAWADE
Shakuntala – Appellant
Versus
Chandrakant – Respondent


Advocates:
Advocate Appeared:
Mr. R.N. Dhorde, for the appellants
Mr. T.G. Gaikwad, for respondent

Order

The instant appeal is filed against the judgment and decree passed in RCS No. 120 of 2000, which was pending in the Court of Joint Civil Judge Junior Division, Ambajogai and also against the judgment and order in Reg. Civil Appeal No. 19 of 2014, which was pending in the Court of District Judge - 3, Ambajogai.

2. Heard learned Counsels appearing on behalf of the respective parties.

3. The suit was filed by respondent No. 1 - Chandrakant for relief of specific performance of contract of sale of agricultural land against the appellants, which was in respect of portion of three acres land out of survey No. 290, situated at village Chanai. The defendant-Yashwant, who was alive on the date of the suit, was a brother of father of the plaintiff.

4. It is case of the plaintiff that, the defendant, under agreement dt. 26th February, 1997, had agreed to sale the suit property to the plaintiff for consideration of Rs. 60,000/-. It is contended that, on the date of the agreement, the amount of Rs. 59,000/- was given by plaintiff to defendant and the remaining amount was to be paid at the time of registration of sale deed. It is contended that, the sale deed was to be executed prior to 30th J





















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