BAJIRAO BABURAO KALBHOR Vs. RAFIQUE DHONDUBHAI GOLANDAJ

JUDGEMENT

(1.) Heard Mr. Vechalekar, learned Counsel appearing for the Appellants. He submitted that the following substantial questions of law are involved in this Second Appeal.

(2.) The factual position on record show that late Bajirao Baburao Kalbhor i.e. father of the Appellants had executed an agreement dtd. 21/10/2008 (Exhibit 36) agreeing to allot two shops on rental basis to the Respondent and the consideration of Rs.11.00 Lakhs was agreed to be paid. It is also agreed that in new construction, new shops will be handed over to the Respondent and the said amount of Rs.11.00 Lakhs would be adjusted while handing over new shops.

(3.) However in the meanwhile the said shops were demolished by Pimpri-Chinchwad Municipal Corporation. Due to the frustration of the contract, father of the Appellant issued two cheques of Rs.5.00 Lakhs and Rs.6.00 Lakhs respectively bearing Exhibits 37 and 39 in favour of the Respondent and the said cheques were dishonoured.