SHABBIR KANKARU INAMDAR Vs. MIRZA SALIMBEG JABBARBEG

JUDGEMENT

(1.) In this Writ Petition important question regarding scope and ambit of expression "any other relief to which he may be entitled" as occurring in Sec. 22(1)(b) of Specific Relief Act, 1963 ("said Act" for short) falls for consideration.

(2.) By the present Writ Petition, the Petitioner is challenging order dtd. 4/3/2017 passed by learned Principal District Judge, Nashik below Exhibit 14 in Regular Civil Appeal No. 227 of 2013. By the impugned order, the said application, Exhibit 14 filed seeking amendment in the plaint made at the stage of appeal was rejected.

(3.) The Petitioner has filed Regular Civil Suit No. 763 of 2012 (Old Special Civil Suit No.440 of 2011) seeking specific performance of contract. The same was dismissed by the judgment and decree dtd. 31/8/2013 passed by the learned 5th Joint Civil Judge, Senior Division, Nashik. The learned Trial Court held that the Respondents have agreed to sell the suit property to the Petitioner for a total consideration of Rs.1,50,000.00,Respondent nos.1 and 2 have executed Agreement to Sale in favour of Petitioner on 17/11/2001 and thereby acknowledged receipt of Rs.1,40,000.00 as an earnest money, the Petitioner is in possession of the suit property, Petitioner has proved readiness and willingness. As set out hereinabove although the learned Trial Court recorded findings in favour of Petitioner only on the point of limitation, non-suited the Petitioner and rejected the relief of specific performance.The learned Trial Court directed the Respondents to repay/refund earnest amount of Rs.1,40,000.00 to the Petitioner.