JUDGMENT :

This is a suit for specific performance of a contract for sale of a premises consisting of freehold land bearing final plot No. No. 257, Town Planning Scheme No. III, City Survey No. F/751 admeasuring 580 sq.yards together with the structure standing therein, situated at Bandra, Mumbai (“the suit premises”) contained in the agreement dated 26th June, 1993 and, in the alternative, for refund of the earnest amount paid thereunder along with compensation and damages.

2. The material averments in the plaint can be stated in brief as under:

a) The plaintiff is a private limited company registered under the Companies Act, 1956. The suit premises was acquired by Abdul Kader Haji Noormohammed and his sons under a Conveyance Deed dated 22nd April, 1960. The suit premises was treated as an asset of the partnership “M/s. Noor Sons” formed by the members of the family of Abdul Kader Haji Noormohammed. Over a period of time, the constitution of the firm suffered changes and Abdul Kader Haji Noormohammed, the defendant No. 1, and late Aboobaker Haji Noormohammed were its partners bef