GIRISH VINODCHANDRA DHRUVA Vs. NEENA PARESH SHAH

JUDGEMENT

(1.) The challenge in this Appeal is to the judgment and decree dtd. 07/08/2013 in Regular Civil Suit No.5732 of 2006. By the impugned judgment, the learned Judge, City Civil Court, Greater Bombay decreed the suit for specific performance and directed the Appellants herein to execute the sale deed in respect of the suit property in favour of the Respondent herein within a period of two months.

(2.) The brief facts necessary to decide this Appeal are as under:-

(3.) The Plaintiff No.1 had to leave for the United States, hence she requested her brother Mukesh Shah to complete the remaining formalities. The Plaintiffs executed a power of attorney in favour of Mukesh Shah authorizing him to negotiate, execute documents and to perform all other acts and deeds necessary to complete the sale transaction. Accordingly, the Plaintiffs through their power of attorney and the original Defendant, entered into MoU dtd. 06/03/2005 for purchase of the suit flat for sale consideration of Rs. 41,75,000.00. The Plaintiffs paid an amount of Rs. 2,51,000.00 to the original Defendant as an earnest money and the balance sale consideration was to be paid on or before 31/05/2005. The sale was to be completed on receipt of NOC and upon obtaining No Dues Certificate from the Housing Society, the Plaintiffs were required to pay the balance sale consideration and were to be put in possession of the suit flat.