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2017 Supreme(Bom) 1006

VASANTI A.NAIK, A.D.UPADHYE
Pooja s/o Kiran Katare, Through Power of Attorney Holder Mr. Kiran s/o Marotrao Katare – Appellant
Versus
Keshav s/o Shravanji Yawalkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri A.V. Bhide, counsel
For the Respondent: Shri A.S. Jaiswal, Senior Counsel, Assisted by Shri K.P. Mahalle, counsel

JUDGMENT :

VASANTI A NAIK, J.

The first appeal is ADMITTED and heard finally with the consent of the learned counsel for the parties.

2. By this first appeal, the appellant-plaintiff challenges the judgment of the trial Court, dated 14.12.2015 dismissing the suit filed by the appellant for a decree of specific performance of contract.

3. Few facts giving rise to the first appeal are stated thus:

The appellant-plaintiff (hereinafter referred to as 'the plaintiff') and the respondent no.1original defendant entered into an agreement, dated 16.05.2010, whereby the defendant agreed to sell the suit property to the plaintiff at the rate of Rs.22,51,000/per acre. It is the case of the plaintiff that a sum of Rs.51,000/was paid by the plaintiff to the defendant towards earnest amount. As per one of the terms of the agreement, since the suit land was reserved for stadium and some other public purpose, the plaintiff was responsible for ensuring that the land is dereserved. The agreement further recited that within two years from the release of the land from reservation, the remaining consideration would be paid by the plaintiff as a sum of Rs.51,000/was paid towards the earnest money. The parties















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