RAM KALIANDAS DARYANANI Vs. MANDOVI REALTORS PRIVATE LIMITED

JUDGEMENT

(1.) HEARD Mr. Rao, learned Counsel for the

(2.) THE petitioner is the plaintiff in the above suit filed against the respondent seeking specific performance of an oral agreement of sale in respect of the suit property admeasuring 14680 square metres and in the alternative refund of an amount of Rs.5 Lacs. The plaintiff filed the above suit on the ground that he had entered into an oral agreement of sale with Pascoal Trindade, the director of the respondent Company, who was authorised by all the directors of the Company to enter into an agreement of sale in respect of the suit property. According to the plaintiff, the suit property was agreed to be sold at the rate of Rs.1200/ - per square metre and pursuant thereto, he had paid Rs.5 Lacs which was credited in the account of Company. The defence of the defendant was that Pascoal Trindade and another director were authorised to enter into negotiations in the sale of the suit property, but ultimate decision was to be taken by all the directors of the Company.

(3.) THE lower appellate Court while dismissing the appeal held that the plaintiff had made out a prima facie case, but had not proved that there was concluded contract between the parties. The lower appellate Court held that irreparable loss would not be caused to the plaintiff in the event injunction was not granted and balance of convenience was not in favour of the plaintiff.