NITIN RATILAL PATEL Vs. SUSHIL CORPORATION

JUDGEMENT

(1.) At the request of learned advocates for the parties, this petition is disposed of finally. Rule. Learned advocate Mr.Salil Thakore waives service notice for respondents.

(2.) This petition is filed challenging the order th dtd. 3/12/2021 passed below Exh.110 by the learned 5 Principal Senior Civil Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad in Special Civil Suit No.25 of 1984.

(3.) The brief facts leading to filing of this petition are such that the agreement to sale was entered with grandfather Pujabhai Ishwarbhai Patel by Sushil Corporation through Nandlal Ramanlal Thakkar on 21/3/1980 and under the agreement to sale, all legal permissions including from new to old tenure, ULC permission for due execution of sale deed had to be obtained by the plaintiff-Nandlal R Thakkar (now deceased in 2019). The total sale consideration was fixed at Rs.2,20,000.00 and out of that only Rs.21,000.00 was paid as earnest amount and the duration of agreement to sale was fixed 12 months and time was essence of the contract. However, the deceased plaintiff did not obtain any permission. The plaintiff filed Special Civil Suit No.25 of 1984 for specific performance of an agreement to sale dtd. 21/3/1980, wherein conditional decree was passed on 28/6/1983 specifically directing the plaintiff to obtain all legal permissions and if the owner do not cooperate either in taking money or in getting permission or do not execute sale deed, plaintiff was permitted to get all legal permissions through court commissioner and was directed to get the sale deed executed. The said decree was a conditional decree for 30 days, which expired on 17/7/1993.