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BOMBAY HIGH COURT
SANDEEP K. SHINDE, J
M/S. AMODA PROPERTIES LLP – Appellant
Versus
MR. JOY MRINALKANI BASU AND ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Abhishek Pungliya
For the Respondents: Mr. Jehangir Jejeebhoy i/by. Kanga and Co., Ms. Ankita Singhania, i/by. Mr. Vevek Sharma

JUDGMENT :

1. Defendants no.1, 2 and 3 are the co-owners of the agricultural land admeasuring about 100 acres, bearing 44 different survey numbers, particulars of which are adequately described in para-1 of the plaint (hereinafter called “the said property”). Defendant no.1 holds 1/3rd undivided share in the, said property. Thus, his share therein is approximately 33.33 acres. Appellant-plaintiff, claims and asserts that, defendant no.1, vide agreement dated 21st December, 2016 (“suit agreement” for short) agreed to sell 10 acres of area, out of his 1/3rd share in the said property for total consideration of Rs.1,74,50,000/- (Rs. One Crore Seventy Four Lakhs Fifty Thousand) and although he paid entire consideration, defendant no.1 declined to execute the sale-deed, which was to be executed within six months from the date of execution of the suit agreement. Plaintiff pleaded, at the relevant time, defendant no.2 was also going to execute similar agreement in respect of 10 acres out of his undivided share in the said land, but at the last minute, he backed out. In para-9, plaintiff pleaded, although he was, ready and willing, to perform his part of the suit agreement, defendant was av

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