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2009 Supreme(Bom) 1198

A.H.JOSHI
YESHWANT LAXMAN PAI RAIKAR – Appellant
Versus
LAXMAN V. SINGBAL – Respondent


Advocates appeared:
For appellants: J. P. Mulgaonkar
For respondents: M. G. S. Khandeparkar

JUDGMENT

This is an appeal by unsuccessful defendants. They have suffered order of temporary injunction restraining them from selling or creating any third party interest in the suit property.

2. Facts as disclosed from the records are as follows :

(i) The suit property is the land surveyed under No. 224/3 admeasuring 8470 square metres of Village Farmagudi, Mangueshi, Bandora, Ponda Goa.

(ii) On 1-8-2003 defendants executed agreement of sale in favour of the plaintiffs. This agreement is notarised on the same day.

(iii) By the said agreement defendants agreed to sell the suit property to the plaintiffs for consideration of Rs. 45,00,000/- ( Rupees Forty Five Lakhs Only).

3. Agreement represents that :

(a) Out of agreed consideration part of payment of Rs. 42,50,000/- was made by the plaintiffs in cash, as and by way of part payment.

(b) The balance amount of Rs. 2,50,000/- was to be paid within a period of 12 months.

(c) Final sale deed was to be executed within 60 days after the expiry of 12 months.

4. It is alleged that :(a) The balance of Rs.2,25,000/- was paid on 8-4-2004 and Rs. 25,000/- on 19-4-2005, totalling to Rs. 2,50,000/-.

(b) These payments have been acknowledged.

(c) The plainti






















































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