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1971 Supreme(Online)(Bom) 9

BOMBAY HIGH COURT
S. K. Desai, J.
Jaikrishna R. and Co (M/s). v. A. 1 Co-operating Housing Society Ltd


1. This is a Chamber Summons for amendment of the plaint as per the draft contained in the Schedule to the Chamber Summons. The proposed amendments have been vigorously and vehemently opposed and in order to consider whether the application should be allowed, a few necessary facts may be set out :
The main prayer in the plaint is for an injunction. The Plaintiffs have alleged that they agreed to purchase from the defendants the premises mentioned in the suit. Their case in the plaint is that at a meeting of the Managing Committee of the defendants, held on 28th May, 1966 it was resolved that immediate possession of the premises mentioned in the suit should be handed over to the plaintiffs. The Plaintiffs also refer to a letter written by the plaintiffs on 2nd June 1966 wherein it has been recorded that possession has been handed over to the plaintiffs. The plaintiffs further allege that the plaintiffs have paid the full price in respect of the suit premises even though they were in an incomplete state relying upon the premises of the defendants that they would complete the construction thereof, subsequently. The further case in the plaint is that on or about 21st October 1968 under





























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