LAWS(BOM)-2012-8-10

MADHURIBEN K MEHTA Vs. ASHVIN RUPSI NANDU

Decided On August 02, 2012
MADHURIBEN K MEHTA Appellant
V/S
ASHVIN RUPSI NANDU Respondents

JUDGEMENT

(1.) The Plaintiffs are mother and three children. They have entered into an agreement for sale with Defendant No.1 on 3 rd December 1988. On the date of the execution of the agreement Plaintiff Nos. 3 and 4 were minors. Their mother Plaintiff No.1 signed the agreement on behalf of herself and her minor children. Plaintiff No.2 has signed for herself. The consideration under the agreement was Rs.2.5 lakhs. Rs.1 lakh has been admittedly paid. The sale was to be completed within one month from the date the title was clear by the permission of the competent authority and the permission of the Court was obtained for sale of the minors' share. An Irrevocable General Power of Attorney was also executed similarly by the Plaintiffs along with the agreement for sale.

(2.) The execution of both these documents is admitted by all parties.

(3.) The Plaintiff Nos. 1 and 2 have also executed a declaration and indemnity on 6 th December 1989 showing the possession of the property was handed over to Defendant No.1 and that they had not created any mortgage or lien or entered into any other transaction, but that they had given power of attorney as a part of the completion of the transaction and that they had received Rs.2.50 lakhs which was the consideration and indemnified Defendant No.1 against any claim.