MOHAN NATTHUMAL DHANWANI Vs. CHANDRABHAN DULHANOMAL

JUDGEMENT

(1.) ADMIT . Notice of admission is waived by learned advocate Mr. D.R. Bhatt on behalf of the respondent. Heard learned advocate Mr. P.P. Kasvala for the appellant and learned advocate Mr. D.R. Bhatt for the respondent. The Appeal from Order is pending for admission since July, 2012. Interim relief is in existence since 19.07.2012, therefore, both the learned advocates have agreed to decide the appeal finally.

(2.) THE plaintiff has filed a Civil Suit No. 264 of 2011 before the City Civil Court, Ahmedabad for a specific performance of a agreement to sell dated 06.02.2004 alleged to be executed by the respondent. With such suit the plaintiff has prayed for interim relief to restrain the defendant from parting with the possession and from restraining the defendant to alter suit property in any manner what so ever being shop No. 62 admeasuring 150 sq. ft. and bearing City Survey No. 5206 in Sardarnagar area of Ahmedabad City. Such suit and interim application was filed on 03.02.2011.

(3.) THE sum and substance of the plaintiff's case is to the effect that by agreement to sell dated 06.02.2004, defendants had agreed to sell the suit property to him against consideration of Rs. 14 Lac, out of which 50,000/ - was paid at the time of such agreement to sell with a condition that remaining amount is to be paid in installment within 15 months and soon after the payment is made, defendant shall execute the sale deed in favour of the plaintiff. Therefore, irrespective of all other issues, basically, time is the essence of the contract, whereby it was specifically agreed upon between both the parties that remaining amount of sale consideration being 13,50,000/ - is to be paid by the plaintiff/appellant within 15 months from 06.02.2004 to the defendant i.e. on or before 06.05.2005.