NANU GAONKAR Vs. MODEST BUILDER

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner takes exception to the judgment and order dated 27/12/2010 passed by the District Judge II, North Goa, Panaji in Miscellaneous Civil Appeal No.201/2010 dismissing the appeal preferred against the order dated 19/10/2010 passed by the Civil Judge, Jr. Division, Panaji in Special Civil Suit No. 102/2008/A whereby the application for temporary injunction filed by the plaintiff/petitioner has been dismissed. The petitioner is the plaintiff and the respondents are the defendants in the above suit filed seeking reliefs of specific performance of agreement, declaration and permanent injunction.

(2.) THE plaintiff filed a suit for specific performance of an agreement dated 19/10/1994 alleging that the defendants nos.4 and 5 had agreed to sell plot no.37 forming part of the property bearing survey no.235/1 at Odxel Taleigao which was tenanted to his father Mr. Jose Dias. According to the plaintiff, defendants nos.4 and 5 had delayed execution of sale deed on the ground that a civil dispute is pending amongst the co -owners. Thereafter, notice dated 27/3/2007 was issued by the plaintiff and ultimately the suit dated 1/11/2008 was filed seeking specific performance of the agreement and setting aside sale deed dated 8/2/2006 by which an area of 28,816 was sold to defendants nos. 2 and 3.

(3.) THE Trial Court by order dated 19/10/2010 dismissed the suit mainly on the ground that the plaintiff had approached the Court with unclean hands and the agreement upon which reliance was placed by the plaintiff was tampered with and changed to plot no. 37 from plot no. 38. The Trial Court further held that the notice dated 28/4/2008 issued by the plaintiff referred to plot no.38 and not plot no.37.