PRABHUDAYAL NATHUJI BORKAR Vs. LAXMAN HIRAMNJU SAWARKAR

JUDGEMENT

(1.) In this appeal a challenge is raised to the judgment and decree dtd. 16/09/2017 passed by the Ad-hoc District Judge-5, Nagpur, in Regular Civil Appeal No.333 of 2015 dismissing the appeal arising out of the judgment and decree dtd. 02/05/2015 passed by 3rd Joint Civil Judge Senior Division, Nagpur in Regular Civil Suit No. 3087 of 2012, dismissing the suit for declaration, Specific Performance of Contract and Injunction.

(2.) The brief facts of the present case are as follows: (The parties are referred to as per their status before the trial Court.)

(3.) It is the case of the plaintiff that the suit property was owned by defendant No.1 (The defendant No.1 died during pendency of the suit). The defendant No.1 wanted to sell the suit property and as such, since the plaintiff wanted to purchase the same to settle in Nagpur, they entered into an agreement to sell of the suit property for the total consideration of Rs.4,75,000.00, out of which the plaintiff paid Rs.2,00,000.00 to defendant No.1 on 06/05/2004. The possession was agreed to be delivered on payment of entire consideration amount.