ABIDA BI Vs. MADHAV NARAYAN NAIK KUNDAIKAR

JUDGEMENT

(1.) THE Plaintiffs in S.C.S. No.26 /2002/A have filed the present appeal against the Judgment/Decree dated 13-11-2002 of the learned Civil Judge, Senior Division, Ponda, by which their suit for recovery of possession of 12 flats, or in the alternative, for recovery of Rs.25,20.000/- with interest at the rate of 18% from 4-12-1994, has been dismissed.

(2.) THERE is no dispute that the plaintiff No.1 along with her late husband Mullam Focrud in Muzawar (who died on 16-7-1999) had entered into an agreement with defendant no.1 styled as ab agreement for development cum sale dated 4-12-1991. Plaintiff No.2 is their son and plaintiff No.4 is their daughter in law. (The remaining plaintiffs are other legal representatives of deceased Mullam Focrud in Muzawar. For brevity� s sake they shall all be hereinafter referred to plaintiffs). By virtue of the said agreement, the plaintiffs agreement, the plaintiffs agreed to sell to defendant No.1, 4000 sq. meters of their property known as � Borod Tican� situated Curti Khsandepar, surveyed under S.No. 60 Curti village for the said sum of Rs.25,20,000/-.

(3.) THE defendant no.1 erected buildings A and B but failed to deliver the possession of the flats in the said two buildings to the plaintiffs as a result of which the plaintiffs filed an application under Section 11 of the Arbitration and Concilliation Act, 1996 on 23-6-1997, being C.M.A. No.130/97/A.