JUDGMENT :

Bharati H. Dangre, J.

1. Notice being issued in the Second Appeal on 27th September 2019, the respondent has put in an appearance. The parties state that they are ready to argue the Appeal finally since ad-interim relief is granted on 27th September 2019 and the same continue till date.

2. Second Appeal taken up is heard finally by consent of the parties.

3. Rule. Rule returnable forthwith.

4. Nandlal J. Jumani (Defendant) is allottee of land bearing Plot No. 7 admeasuring approx 775.75 sq.m situated at Baner Road, Pune in Sind Cooperative Housing Society Ltd., Aundh, Pune by a lease. The defendant held five shares of the said Housing Society bearing distinctive Nos. 2270 to 2274 under the Share Certificate No. 134. The defendant agreed to sell the suit premises to Shri Rahul Punjabi (Plaintiff) for consideration of Rs. 77,20,975/- and agreed to assign right, title and interest in the suit property in his favour. The plaintiff paid the sum of Rs. Five lakhs to the defendant as earnest deposit and pursuant thereto, a Memorandum of Understanding was executed on 4th April 2005 between the parties.

5. The plaintiff being aggrieved by non-compliance of the stipulation in the Memora