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2005 Supreme(MP) 638

A.M.NAIK
Gyaneshwar – Appellant
Versus
Moongabai @ Muneshwaribai – Respondent


Advocates:
P.R. Bhave with Satyendra Patel for appellant;
Pranay Verma for respondent No.2.

JUDGMENT


1. The present appeal arises out of dismissal of suit for specific performance by the Court of First Additional District Judge to the Court of District Judge, Balaghat, vide judgment and decree dated 26.4. 19989, passed in Civil Suit No. 24A/88.

2. The plaintiff on 22.6.1985, instituted a suit for specific performance in respect of an immovable property in the nature of house and plot situated in the district of Balaghat. The property belonged to Kunwarlal, which was inherited by the defendants Moongabai and Parwatibai, both being his widows. Both widows entered into an agreement for sale of suit property to the appellant-plaintiff for a consideration of Rs. 65,000/-. Out of this amount, Rs. 10,000/- were received by defendants No.1 and 2 and the balance amount was liable to be paid at the time of execution of the registered sale-deed. It is further stated in the plaint that the plaintiff had been residing in the suit property during the lifetime of Kunwarlal. Possession of suit property with the plaintiff was acknowledged by the defendants No.1 and 2. in the capacity of prospective purchaser. Since one of the rooms comprised in the suit property was occupied by one Harish


























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