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2016 Supreme(Bom) 268

A.B.CHAUDHARI
Narendra – Appellant
Versus
Tulsabai – Respondent


Advocates:
Advocate Appeared:
Mr. M. P. Khajanchi, Advocate for appellant.
Mr. S. C. Bhalerao, Advocate for respondent.

JUDGMENT :

1. Being aggrieved by judgment and order dated 29.01.2014 passed in Regular Civil Appeal No.54/2005, passed by District Judge-1, Pandharkawda, thereby confirming judgment and order dated 20.04.2005 in Regular Civil Suit No.140/2000, passed by Jt. Civil Judge (Junior Division), Wani by which the suit filed by the appellant-plaintiff was dismissed and the counter claim was partly decreed directing delivery of possession of the suit property to the defendants, the present appeal has been filed by the unsuccessful plaintiff.

FACTS:

2. The plaintiff-appellant filed a suit for specific performance of contract in respect of field survey No.77/1 area 1.81 HR owned by deceased Bapurao istari Parshive, Rajeshwar and Vitthal Bapurao Parshive. The deceased Rajeshwar and Vitthal were the sons of the deceased Bapurao. According to the plaintiff, by agreement dated 14.02.1986, all the three, Bapurao, Rajeshwar and Vitthal had agreed to sell the suit land to the plaintiff for Rs.45,000/and he had paid in all Rs.30,400/from time to time. It was agreed that the sale deed would be completed on 30.04.1987 and that is why possession was handed over to the plaintiff. A Regular Civil Suit No.134/






























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