SUNIL Vs. SUDHIR

JUDGEMENT

(1.) This appeal takes exception to the judgment and decree dtd. 17/10/2014, passed by the Adhoc-District Judge-3, Nagpur in Regular Civil Appeal No. 343 of 2010, allowing the appeal and thereby setting aside the judgment and decree dtd. 20/4/2010 passed by the 3rd Joint Civil Judge, Senior Division, Nagpur, in Regular Civil Suit No. 1234 of 2004 (New Special Civil Suit No. 905 of 2007), dismissing the suit for specific performance.

(2.) The brief facts of the present case are as under : (The parties are referred to as per their status before the trial Court.) The respondent is the plaintiff who filed a suit for specific performance. It is the case of the plaintiff that he is a practicing Advocate at Nagpur. Defendant is also a lawyer. They had close friendship with one another. Defendant is an exclusive owner of suit block admeasuring carpet area 110 square feet.

(3.) It is stated that on 27/11/1991 defendant entered into oral agreement of sale of suit block with plaintiff for valuable consideration of Rs.70,000.00, in presence of their common friends. Having regard to the friendly relations, mutual understanding as well as in part performance of oral agreement, defendant put up plaintiff in physical possession of suit block on 28/11/1991. Since then plaintiff is running his office-cum-consultation chamber at suit premises.