PRAVIN D. THAKKER HUF Vs. RITA J. SHAH

JUDGEMENT

(1.) The Appellants have challenged the judgment and decree dated 18/02/2014 whereby the learned Judge, City Civil Court, Mumbai decreed the Civil Suit No.8509 of 1994 filed by the Respondent No. 1 for Specific performance of Contract and other consequential reliefs.

(2.) The Respondent No.1 was the Plaintiff whereas the Respondent No.2 and Appellants were the Defendant Nos.1 to 4 in the Suit and shall be hereinafter referred to as 'the Plaintiff' and 'the Defendants' respectively. The subject matter of the suit for specific performance is the Shop No.9 admeasuring 430 ft. situated at the ground floor of the building proposed to be constructed by the Defendant No.1 at Sanduwadi, Chembur. The said shop shall be hereinafter referred to as the 'Suit shop'.

(3.) The case of the Plaintiff in brief is that by an oral agreement entered in or about May, 1988, the Defendant No.1 agreed to sell the suit shop for a total consideration of Rs.2,58,000/-. The Defendant No.1 received a sum of Rs.10,000/-, towards booking amount and assured to hand over possession of the suit shop within one year from the date of booking. The balance sale consideration of Rs.2,48,000/- was to be paid at the time of handing over of the possession of the suit shop.