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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P.POONIWALLA
M.K.Madhavan (deleted) Nanlini Wd/o M.K.Madhavan – Appellant
Versus
R.Subramaniam (deleted) Rajesh R. Subramaniam – Respondent
| Table of Content |
|---|
| 1. oral flat sale agreement with rs30,000 earnest paid. (Para 1 , 2 , 3) |
| 2. trial court rejected specific performance, awarded refund. (Para 4 , 5 , 6 , 7 , 8) |
| 3. plaintiff proved readiness; non-deposit not fatal. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. no pleaded terms or proof of willingness. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. plaintiff's case probable via contemporaneous letters. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 6. trial errors; continuous readiness proved. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 7. specific performance criteria: valid contract, readiness, equity. (Para 47 , 48 , 49 , 50 , 51 , 52) |
| 8. sp decreed with additional rs25 lakhs payment. (Para 53 , 54 , 55 , 56) |
JUDGEMENT :
FIRDOSH P. POONIWALLA, J.
1. The present First Appeal is filed by the heirs of the original Plaintiff challenging the Judgement dated 19th December 2007 passed by the Bombay City Civil Court, whereby the following order was passed:
“ORDER
“Suit is partly decreed as under:
The defendants shall pay earnest amount of Rs.30,000/- along with interest at the rate of 12% p.a. since the date of suit, till realization of amount to the Plai
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