PRAKASH JAGANNATH SHIVESHWERKAR Vs. PRASAD GURJAR AND ANR.

JUDGEMENT

(1.) As both the Appeals have been filed against an order dated 4th Sept., 2009 passed in Notice of Motion No. 659 of 2007 in Suit No. 119 of 2007, at the request of the learned Advocates both the Appeals have been taken up for hearing.

(2.) Parties to the litigation have been described herein as arrayed in the Suit.

(3.) The facts giving rise in the aforestated Appeals in a nutshell are as under : The Plaintiff has filed a Suit for specific performance of an agreement to sell a flat on the basis of the terms and conditions contained in an Agreement for Sale dated 3rd April, 2006. It is the case of the Plaintiff that out of consideration of Rs. 24.50 lakhs, Rs. 4.50 lakhs had already been paid to the original Defendant No. 1 and the balance sum of R%. 20 lakhs was to be paid against the delivery of vacant and peaceful possession of the flat in question.