DHANRAJ BUILDERS PVT LTD Vs. VILLASBEN ASHOKBHAI KAKADIYA

JUDGEMENT

(1.) THE appellant - original plaintiff is before this Court being aggrieved by order passed below Exh.5 in Special Civil Suit No. 50 of 2006 dated 30.04.2007 by the learned 6th Additional Senior Civil Judge, Rajkot.

(2.) THE facts of the case, as set out by the appellant in the list of events, are that on 26.7.2004, Manubhai Ramjibhai Bodhar -respondent No.11 executed a power of attorney in favour of Rameshbhai Rambhai Dodiya, who is respondent No.10. Thereafter, on 15.10.2004, respondent No.11 executed a registered sale deed in favour of respondent No.10. Subsequent to that, the present appellant entered into an agreement to sell with respondent No.10 for a sum of Rs.52,36,320/ -. It is the case of the plaintiff - appellant herein that, out of that amount, Rs. 40,00,000/ - were paid to present respondent No.10 by the appellant by a cheque No.060668 dated 24.2.2005 towards sale consideration amount.

(3.) IN that view of the matter, this Court does not find any error in the order passed by the learned 6th Additional senior Civil Judge, Rajkot. In the result, the Appeal from Order must fail.