P DSOUZA Vs. SHONDRILO NAIDU

JUDGEMENT

(1.) A suit for specific performance of contract for enforcing an agreement for sale dated 6.6.1977 was filed by the respondent herein against Shri P.DSouza, the predecessor-in-interest of the appellant. In terms of the said agreement, the parties hereto were required to perform their respective parts of contract within a period of 18 months expiring on 5.12.1978. The total consideration for the said transfer was fixed at Rs. 1,55,000/-.

(2.) It is not in dispute that the father of the plaintiff-respondent Shri S.J. Naidu was in occupation of the first floor of the premises in question as a tenant whereas the plaintiff was a tenant on the ground floor thereof. A suit for their eviction was filed but the same was dismissed.

(3.) It is also not in dispute that the suit property was mortgaged by the defendant-appellant in favour of the Life Insurance Corporation of India. It is averred that despite assurances given to the plaintiff by the defendant that all original documents, title, deeds and encumbrance certificate would be produced by May, 1981, the same had not been done within the said period.