GURUNATH GANESH REDKAR Vs. BALKRISHNA JAIWANT REDKAR

JUDGEMENT

(1.) HEARD Shri S. D. Lotlikar, learned Senior Advocate appearing for the Appellants and Shri P. Rao, learned Counsel appearing for the Respondents.

(2.) THE Second Appeal came to be admitted on the following substantial question of law by Order dated 30.10.2007 :

(3.) BEING aggrieved by the said Judgment, the Appellants preferred an Appeal before the learned District Judge, South Goa, at Margao being Regular Civil Appeal No. 124/2003. By Judgment and Decree dated 30.05.2006, the learned District Judge dismissed the Appeal filed by the Appellants. Whilst passing the impugned Judgment, the learned Lower Appellate Court found that the contention of the Appellants that they were put in possession and part performance of the Agreement could not be believed as the Appellant was already in possession prior to the date of the said Agreement dated 06.04.1969. The learned Judge further found that the Appellants have failed to establish that until the time they filed the counter claim, they had taken any steps to pay the balance amount to the Respondents. The learned Judge further found that as the Respondent no. 2 was not a signatory to the Agreement, the same was not legally enforceable. Being aggrieved by the said Judgment, the Appeal came to be admitted on the above substantial question of law.