MOAYYED TAYABALLY BOXWALA Vs. VIJAYA PAWANKUMAR

JUDGEMENT

(1.) CIVIL Judge, Senior Division, Thane by the impugned judgment and decree dismissed the Civil Suit for specific performance of a contract dated 23rd August, 1979, inter alia, on the ground that the plaintiff (original vendee) failed to perform his part under the contract viz -obtaining of the permission from the revenue authority as envisaged by Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short, the Tenancy Act).

(2.) MR . Sakhardande, the learned Counsel appearing for the original plaintiff has strenuously urged that on proper consideration of the relevant clause reproduced in the plaint, the obligation of obtaining such permission would be on the vendor and as such trial Court was not justified in denying the specific performance on this count.

(3.) WE have heard the learned Counsel at length. The counsel has frankly admitted that no pleadings in this behalf have been made in the plaint. The contention is that even in absence of pleadings, documentary or oral evidence could be adduced. We are unable to agree with the submission.