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BOMBAY HIGH COURT
, J
Shantabai v. Manakchand Ratanchand Raka
| Table of Content |
|---|
| 1. background of specific performance claim. (Para 1 , 2 , 5) |
| 2. particulars of agreement and responsibilities. (Para 3 , 4 , 6) |
| 3. court's analysis of responsibilities and failures. (Para 7 , 8 , 9) |
| 4. impact of urban land ceiling act on proceedings. (Para 10 , 12) |
| 5. outcome and directives for compliance. (Para 11 , 14 , 16) |
1. This is the plaintiff's appeal against the decree passed by the trial Court dismissing the plaintiff's suit for specific performance of the agreement dt. 20-4-1971 for purchase of the suit land.
2. As will be presently pointed out, the defendant has not a leg to stand upon in the matter of his defence and the learned Judge allowed himself to be swayed by a totally false plea raised by the defendant as regards the responsibility to make application for conversion of the land to N.A. use and has dismissed the plaintiff's suit with minimum justification conceivable.
3. The facts are very simple. The defendant is admittedly the owner of the suit land Survey No. 140, Hissa No. 5B admeasuring 1 H. 65 A. situate at Nashik. On 20-4-1971 he entered into the agreement (Exhibit 36) with the plaintiff for sale of the land to him for the total price of Rs. 22,
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