BHAVNA CORPORATION Vs. YESWANT VIRCHAND DESAI

JUDGEMENT

(1.) This appeal is directed against the judgement and decree passed by the City Civil Judge, Court No.7, Ahmedabad who decreed the suit and ordered the appellants-original defendant Nos. 1 and 2 to pay Rs.50,000/- (Rupees Fifty Thousand Only) with 6% interest from the date of suit till the realization of the amount to the opponent No.1-original plaintiff.

(2.) In the suit, the opponent- original defendant No. 1 seeks relief of specific performance of an oral agreement in respect of immovable property namely Block No. A-1, 5th Floor, Pallavi Apartment and/or in the alternative damages of Rs. 50,000/-

(3.) Mr. Vakil, learned Senior Advocate appearing on behalf of the appellants contended that the Trial Court has committed order for ordering appellants to pay Rs. 50000/- to the opponent No. 1- original plaintiff. It is the opponent No. 1- original plaintiff who has not performed his part of contract by not paying balance amount of the flat in question which has been allotted to him.