DREAMS CONSTRUCTION PRIVATE LIMITED Vs. RAVINDRA MANOHAR KULKARNI

JUDGEMENT

(1.) This is an appeal challenging the judgment and order dated 24th August, 2011 passed by the learned Joint Civil Judge, Senior Division, Pune in Special Civil Suit No.1780 of 2009 by which the learned Judge has dismissed the suit for specific performance and directed respondents No.1 and 2 ( "original defendants No.1 and 2") to refund the earnest amount to the appellant (original plaintiff) within two months.

(2.) Facts germane for decision of the appeal can be summarized as under;

(3.) Subject matter of the suit is a land admeasuring 1 Hector and 62.63 R out of total area of 2 Hector and 26 R situate at Mou'je Koregaon, Taluka Haveli, District Pune. This property shall be hereinafter referred to as "suit property" for the sake of brevity. Defendant No.1- Ravindra Manohar Kulkarni is the owner of the suit property. Defendant No.2- Balasaheb Baburao Tupe is the Power of Attorney holder of Ravindra Manohar Kulkarni. Defendant No.3 - Yogesh Balasaheb Tupe is the son of defendant No.2. Defendant No.1 executed a power of attorney in favour of Balasaheb Tupe on 28th August, 2007.