SANDIP DATTATRAYA WAKALE Vs. SAU. KANTABAI EKNATH WAGH

JUDGEMENT

(1.) Heard the learned advocates for both the sides on the point of admission.

(2.) The respondents are the original plaintiffs, who filed a suit seeking a declaration that the agreement of sale executed by them in favour of the appellants and the Power of Attorney executed by original plaintiff no.5 - Dashrath in favour of the appellants were not to be acted upon and be declared void. Apparently, it was a suit under Sec. 31 of the Specific Relief Act whereby they were seeking to cancel the instrument being void or voidable.

(3.) The appellants contested the suit and asserted that the respondents - plaintiffs had agreed to sell the suit property by receiving earnest money and the transaction was witnessed by the agreement of sale which was duly registered.