KANTILAL VASANJI CHHEDA Vs. VRAJESH KANTILAL PATEL

JUDGEMENT

(1.) The Plaintiff has sued for a declaration that the agreement dated 10th April, 1981 is valid, subsisting and binding on the defendants and that the conveyance Exh. h to the Plaint is subject to the Plaintiff's right and for specific performance of the agreement dated 10th April, 1981 as also for recovery of Rs. 21,42,827/ and declaration of the statutory charge for repayment of that amount.

(2.) The Plaintiff and defendant Nos. 1 to 7 agreed to purchase the suit property which is an open plot of land called Irani property at village Nagargaon, Lonavla from the owners, the predecessor in title of defendant Nos. 31,32 & 33 on 10th April, 1981. Though the agreement is not produced by any party, its execution is not denied.

(3.) The vendor executed an irrevocable Power of Attorney in favour of the defendant Nos. 1 and the original defendant No. 2 since deceased, on 8th June, 1981 to carry out the terms under the agreement dated 10th April, 1981, a fact which is admitted by all the parties and specifically relied upon by the defendant No. 1, the real contesting defendant. The said Power of Attorney is stated to have been executed upon consent of all the purchasers including the Plaintiff for carrying out the execution of the agreement. The Power of Attorney is stated to have been acted upon.