SUBODH LALLUBHAI BHANSALI Vs. PANDARINATH MORESHWAR DAHANUKAR

JUDGEMENT

(1.) This Suit is filed for specific performance and in the alternative for damages of Rs.1,46,000/ with interest at the rate of 18% p.a thereon, as per the particulars of Exhibit D to the plaint admittedly executed by and between the Plaintiffs and Defendants 1 to 5 who are shown as owners of the suit property in the record of rights. Defendants 6 to 8 have been joined as party Defendants later, since they are the married sisters of Defendants 1 to 5, but who are not shown as owners in the record of rights. The execution of the agreement is admitted. The receipt of earnest amount of Rs.40000/ under the agreement is also admitted by Defendants 4 and 5 who have sought to defend the Suit.

(2.) Defendants 1 and 2 have expired. The Plaintiff contends that the other Defendants are their only heirs. The Defendants contend that they have left behind their own issues. No other heirs have been brought on record.

(3.) After the execution of the agreement on 19 th November 1987 the Plaintiffs called upon the Defendants by the letter of Plaintiff No.1 addressed to the original Defendant No.2 to execute the conveyance at the date and place suitable to all of the Defendants. The original Defendant No.2 by his letter dated 12 th January 1988 to the Plaintiff No.1 informed him that the Defendants do not wish to sell the property but would return the deposit amount as soon as possible. Upon such refusal the Plaintiff filed this Suit.