BOMBAY HIGH COURT - BENCH AT AURANGABAD
T.V. NALAWADE, J
Rama S/o Dagadu Mirge, (Deceased through his LRs.) – Appellant
Versus
Phulasing S/o. Tikaram Meher, Deceased through L.Rs. – Respondent
| Table of Content |
|---|
| 1. dispute over possession and sale agreement. (Para 1 , 2 , 3 , 4) |
| 2. evidence and conflicting claims presented. (Para 5 , 6 , 7) |
| 3. court's reasoning on contract enforceability and payment of requisite duties. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. final judgment and summary of findings. (Para 15) |
JUDGMENT :
1) The appeals are filed against judgment and decree of Regular Civil Appeal Nos. 283/1991 and 284/1991, which were pending in the Court of Joint District Judge, Aurangabad. Regular Civil Suit No. 30/1989 was filed by Phulsing, respondent of the present appeals for relief of declaration and for relief of possession of the suit property in the Court of Civil Judge, Junior Division, Sillod. After filing of this suit, Rama, present appellant filed R.C.S. No. 137/1989 in the same Court for relief of specific performance of contract. Rama had contended in that suit that the suit property of R.C.S. No. 30/1989 was in his possession and Phulsing had agreed to sell this property for lawful consideration and most of the consideration was paid by him to Phulsing. The Trial Court had dismissed the suit of Phulsing filed for relief of possession and it had decreed the suit o
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