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2018 Supreme(Bom) 2535

N.M.JAMDAR, PRITHVIRAJ K.CHAVAN
Kayji Real Estate Pvt. Ltd. – Appellant
Versus
Nazario Sebastiao Pinto – Respondent


Advocates Appeared:
A.F. Diniz, Adv.

JUDGMENT

Prithviraj K. Chavan, J. - Feeling aggrieved with the dismissal of a suit for Specific Performance of Contract by the Civil Judge, Senior Division Margao being Special Civil Suit No.27/2008/A by a judgment and decreed dated 26 April 2011, the plaintiff has preferred this appeal. Parties shall be referred to as the plaintiff and the defendants as per their original status for the sake of convenience.

2. Brief facts of the case may be summarised as follows:-

    The Plaintiff is a private limited company constituted and registered under the Companies Act 1956 which deals in carrying real estate business.

    3. The defendant no.1 is a constituted attorney for defendant nos. 2 and 3. The defendant no.1 had approached the plaintiff with a proposal to sell their land denominated "Aforamento de Nova Cultura de Trinta E Uno Lancos alias Praia Isidore" situated in the village Colva of Salcete Taluka in Goa. The said land shall be referred to as "Suit property" for the sake of brevity.

    4. It is the contention of the defendants that they are absolute owners of the suit property which is surveyed for the purpose of records of right under Goa Land Revenue Code under survey no.55/2. The suit pr

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