2025:BHC-NAG:5119 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR SECOND APPEAL NO. 391/2006 & 511/2007 SECOND APPEAL NO. 391 OF 2006 Neelam D/o. Narayandas Talreja, Aged about years, R/o. 32-35, 76 Street, H. Jagson Heights, New York- 11372 through her Power of Attorney Shri Prakash Pahlajrai Kukreja, R/o. Deogarh Mohalla, Ganjakhet, Itwari, Nagpur-440002.

(Original Resp. No. 9/Defdt. No. 2) . . . APPELLANT // V E R S U S //

1. Rajesh Chaturmal Ahuja, Aged about 40 years, Occ. Business, R/o. 52, Central Avenue, Nagpur.

(Original Appellant/Plaintiff)

2. Smt. Jankibai Wd/o. Narayandas Talreja

3. Moti N. Talreja, Aged about Adult

4. Pushpa N. Aurani, Aged about Adult Appeal stood dismissed against R.No. 2 to 9 for non-prosecution without

5. Amarlal N. Talreja, Aged about Adult further ref. To the Court as per Court’s order on CA No. 4312/06, dated 6. Manoharlal N. Talreja, Aged about Adult

19.07.06.

7. Ku. Neelam N. Talreja, Aged about Adult

8. Ku. Sonia N. Talreja, Aged about Adult

9. Ku. Manisha N. Talreja, Aged about Adult All R/o. P/12, Silver Valley-II, Santa Cruz, Mumbai (Orig. Respondent Nos. 1 to 8/Defendants) . . . RESPONDENTS AND SECOND APPEAL NO. 511 OF 2007 Neelam D/o. Narayandas Talreja, Aged about years, R/o. 32-35, 76 Street, H. Jagson Heights, New York- 11372 through her Power of Attorney Shri Prakash Pahlajrai Kukreja, R/o. Deogarh Mohalla, Ganjakhet, Itwari, Nagpur-440002.

(Original Resp. No. 9/Defdt. No. 2) . . . APPELLANT // V E R S U S //

1. Rajesh Chaturmal Ahuja, Aged about 40 years, Occ. Business, R/o. 52, Central Avenue, Nagpur.

(Original Appellant/Plaintiff)

2. Smt. Jankibai Wd/o. Narayandas Talreja

3. Moti N. Talreja, Aged about Adult

4. Pushpa N. Aurani, Aged about Adult Deleted the names of Respondent no. 2 to 9 as per the order dated

5. Amarlal N. Talreja, Aged about Adult

26.04.2007 passed in C.A. in S.A. Stamp

6. Manoharlal N. Talreja, Aged about Adult 7. Ku. Neelam N. Talreja, Aged about Adult

8. Ku. Sonia N. Talreja, Aged about Adult

9. Ku. Manisha N. Talreja, Aged about Adult All R/o. P/12, Silver Valley-II, Santa Cruz, Mumbai (Orig. Respondent Nos. 1 to 8/Defendants) . . . RESPONDENTS ------------------------------------------------------------------------------------------------

Shri Rajeev Chhabra, Advocate for appellant in both appeals.

Shri Shirish L. Kotwal, Advocate for respondent no.1 in both appeals.

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CORAM :- M. W. CHANDWANI, J.

RESERVED ON :- 29.01.2025 PRONOUNCED ON :- 09.05.2025 JUDGMENT :-

Heard.

2. Both these appeal challenge two different judgments and decrees dated 21.12.2005 in Regular Civil Appeal Nos. 393/1993 and 498/2000 whereby, the learned Additional District Judge, Nagpur reversed the judgment and decree passed by the Trial Court in Special Civil Suit No. 264/1987 and 265/1987 and granted the decrees of specific performance of contract. In both the appeals, the parties are same and the issues as well the contentions raised are one and the same. There were two separate agreements to sell for two separate properties between the same parties and therefore, two separate suits were filed. Hence, these two appeals are being disposed of analogously by a common judgment.

3. This Court by order dated 07.03.2007/18.10.2007 framed the two substantial questions of law, which are as under:-

“(1) Whether the term in the agreement of sale dated 19/12/1985 granting time of seven years for execution of the sale deed, and the surrounding circumstances were, by themselves, sufficient to create a suspicion about the genuineness of the document ?

(2) Whether the appellate Court was justified in interfering with the discretionary findings recorded by the trial Court, without considering the material evidence considered by the trial Court and without considering the reasons recorded by the trial Court in paragraph no. 4 of the trial Court’s judgment ?”

4. The brief facts, necessary to dispose of these appeals, are as