HANUMAN LAWANDE AND ASSOCIATES Vs. DATTA GAJANAN GAUNDOLCAR

JUDGEMENT

(1.) Admit. By consent, heard forthwith. This appeal is directed against order dated 13/08/2010 of the learned Civil Judge, Senior Division at Margao by which an application dated 26/03/2010 for temporary injunction filed by the appellants (plaintiffs, for short) has been dismissed.

(2.) The plaintiffs have filed the suit styling the same as a suit for specific performance and for permanent injunction but the main relief sought by the plaintiffs is one of mandatory injunction to direct the defendants to execute in favour of the plaintiffs a sale deed conveying absolute ownership of plots nos.28 to 37 having an area of about 4919 square metres at the rate of 500/- per square metre against the balance payment of 17,00,500/- and in the alternative to recover from the defendants a sum of 98,38,000/- by way of damages with interest at the rate of 21% per annum from the date of filing of the suit.

(3.) The case of the plaintiffs appears to be that defendants nos.1 to 8 had entered into an oral agreement in July, 1991 with the plaintiffs to sell the said property which forms part of Chalta No.2 of PT sheet No.149 having a total area of about 66,835 square metres. The plaintiffs have claimed that they have made payments to the defendants which were accepted by defendant no.1 and other defendants in different instalments on behalf of the defendants in the sum of Rs.7,30,000/-. The plaintiffs have also claimed that they had also paid a sum of Rs.1,82,490/- at the request of the defendants to the SGPDA by way of development charges. The plaintiffs also claimed that subsequent to the said payments the defendants nos.1 to 8 were lured by defendant no.9 and had entered into an agreement with him dated 15/06/2000 to sell the property. The plaintiffs had also prayed for permanent injunction to restrain the defendants from in any manner creating third party rights in the said plots of land or parting with the possession of the area covered by the said plots agreed to be sold to the plaintiffs.