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2018 Supreme(Bom) 476

S.C.GUPTE
Jayant Maniklal Lunawat – Appellant
Versus
Kamal Arjan Hingorani – Respondent


Advocates Appeared:
For the Appellant :Rajni Iyer, Senior Advocate, a/w. Gulnar Mistry, Nidhi Singh, Chaitrika Patki, i/b. Vidhii Partners, Advocates.
For the Respondents:Sharan Jagtiani, a/w. Astad Randeria, M.K. Khan, R.K. Satpalkar, P. Shah, M. Avasai, i/b. M/s. Mulla & Mulla & Craigie Blunt & Caroe, Chetan Kapadia, a/w. Karl Tamboly, Nandini Joshi, i/b. Harish Joshi & Co., Advocates.

JUDGMENT :

1. The present first appeal arises out of a decree of dismissal passed in a specific performance suit by Joint Civil Judge, Senior Division, Pune.

2. The short facts of the case may be stated as follows :

Respondent Nos. 1 and 2 herein (“Defendants”) are lesses in respect of a plot of land, bearing Plot No.265 at Village Aundh, Pune7, together with the structure constructed thereon (“suit property”). Sindh Co-Operative Housing Society Ltd. (“Society”) is the owner of the suit property. It has executed a lease deed dated 17 May 1999 in favour of the Defendants. By a Memorandum of Understanding dated 25 May 2005 (“first MOU”), executed between the Appellant (“Plaintiff”) and Defendant No.1, the latter agreed to sell the suit property to the Plaintiff. A sum of Rs. 5 lakhs was paid by the Plaintiff towards this sale. In pursuance of the first MOU, a power of attorney was also executed authorising the Plaintiff to do various acts in respect of the suit property on behalf of the vendors. In the first week of June 2005, the Plaintiff was allowed to carry out certain work in the suit property, which included clearing of the plot for development. On 30 June 2005, Defendant No.1 rev





























































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