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1976 Supreme(Goa) 17

TITO MENEZES
Gonsalo De Filomena Luis, etc. – Appellant
Versus
Inacio Piedade Hildeberte Fernandes, etc. – Respondent


Advocates Appeared:
C. R. A. No. 2 of 1972 :-S.K. Sonak, for Applicant; B. Reis (for No. 1) and J. Carvalho (for No. 2), for Respondents. C. R. A. No. 26 of 1972:-J. Carvalho, for Applicants; B. Reis (for No. 1) and A.V. Vaze (for Nos. 3 and 4), for Respondents; Respondent No. 2 In person.

Judgement

ORDER :- These two Civil Revision Applications arise from two similar orders passed on two separate applications made by the applicants for joining Gonsalo de Filomeno Luis (hereinafter called "theIntervenor") as a party defendant to the suit filed by the Respondent No. 1 against the respondents Nos. 2 and 3 in Civil Revision Application No. 2/72 and the two applicants in Civil Revision Application No. 26/72. The two Revision Applications shall therefore be disposed of by this common judgement.

2. The plaintiff Inacio Piedade H. Fernandes filed a suit against the defendants Jose Mascarenhas and Maria Leonila Games, wife of Jose Mascarenhas, for obtaining the specific performance of an agreement, whereby the defendants had agreed to sell to the plaintiff a plot of land known as "Dongorim". Briefly stated, the facts according to the Petitioners are as follows :- "the Intervenor" is a real estate agent; the defendant No. 1 agree to sell to "the Intervenor" the suit land at the rate of Rs. 2/- per square metre; the agreement was reduced to writing on January 2, 1971; on the same day "the Intervenor" paid Rs. 2,000/- as ear- nest money to the defendants and "the Intervenor" was




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