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2018 Supreme(Bom) 2716

A.S.CHANDURKAR
Sureshkumar Shankarlal Miglani – Appellant
Versus
Davindarkumar Chamanlal Batra – Respondent


Advocates Appeared:
S.P. Bhandarkar, Advocate, for the Appellant; R.R. Shrivastava, Advocate, for the Respondent No. 1; A.S. Ghawde, Advocate, for the Respondent No. 2; Second Appeal No. 481 of 2016; A.S. Ghawde, Advocate, for the Appellant; S.P. Bhandarkar, Advocate, for the Respondent Nos. 2 to 4; R.R. Shrivastava, Advocate, for the Respondent No. 8

JUDGMENT

A.S. Chandurkar, J. - Since both these second appeals arise out of a common judgment of the first appellate Court they are being decided together by this common judgment.

The parties are being referred to by their original status. In Second Appeal No. 480/2016 the appellants-original defendant Nos. 1 and 2 are aggrieved by the decree for specific performance passed by the appellate Court directing the said defendants to register the saledeed in respect of a shop block admeasuring 200 sq. ft in terms of agreement dated 07/12/2000 in favour of the respondent No. 1 plaintiff. It is the case of the plaintiff that he was occupying the premises owned by defendant Nos. 1 and 2 for a period of more than twenty years prior to filing of the suit. He was carrying on his business of selling handloom products therein. The defendant Nos. 1 and 2 on 07/12/2000 agreed to sell the shop block to the plaintiff for a consideration of Rs. 4,50,000/-. As per that agreement an amount of Rs. 1,00,000/- was paid as earnest amount and the balance consideration was to be paid within a period of six months by which time the said defendants were to complete construction of the shop block. It was furthe

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