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VIBHA KANKANWADI
Jubeda Iqbal Rajkotwala (Dead) – Appellant
Versus
Mangal Gangadhar Gadalkar – Respondent
JUDGMENT
Vibha Kankanwadi, J.—Present appeal has been filed by the original plaintiffs challenging the concurrent Judgment and Decree passed in Special Civil Suit No.123/2003 by 2nd Jt. Civil Judge Senior Division, Ahmednagar dated 29.11.2004, whereby their suit for specific performance of the contract is dismissed, however, the defendants were directed to pay amount of Rs.2,90,000/- along with interest to the plaintiffs and the said decree was confirmed in Regular Civil Appeal No.171/2012 (First Appeal No.328/2005) by District Judge-13, Ahmednagar on 22.08.2017.
2. What is not in dispute is that the predecessors of the defendants viz. Chhabu, Gangadhar and Bharat were the owners of Sy.No.50/4/B and Sy.No.51/5 situated at Maliwada, Tq. Nagar, Dist. Ahmednagar.
3. Original plaintiffs had come with a case that Chhabu, Gangadhar and Bharat had agreed to sell the suit lands to their predecessor viz. Iqbal Rajkotwala in the year 1990. An agreement to sell to that effect was executed on 24.05.1990. The consideration was fixed at Rs.2,01,000/- per acre. Iqbal gave earnest amount of Rs.1,00,000/- to the brothers. It was contended that the possession was delivered as part performance of the
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