SHAIKH HIDAYAT Vs. MARIA ELVINA DAS NEVESFEREIRA TRINDADE

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree passed by the learned 3rd Additional Civil Judge Senior Division at Margao in Special Civil Suit No.181/96/III on 30th April, 2008 by which the civil suit filed by the original plaintiff praying for specific performance, is dismissed with costs.

(2.) THE case of the plaintiff is that : -

(3.) THE learned trial Judge framed the issues on 13th November, 1998 and additional issues were framed on 2nd March, 2006 and after conducting the trial the judgment is passed. The learned trial Judge concluded that the plaintiff has failed to prove that he is entitled for the decree for specific performance and to get executed the sale deed in respect of the suit property on payment of balance amount of Rs.24,00,000/ - to the defendants. The learned trial Judge concluded that the plaintiff has failed to prove that he is alternatively entitled for refund of amount of Rs.8,00,000/ - with interest at the rate of 21% per annum and for the amount of Rs.50,00,000/ - towards the compensation and/or damages. The learned trial Judge concluded that the defendants have proved that the suit was bad for non -joinder of the legal representatives of defendant no.2. The learned trial Judge has held that the defendant no.13 was not party to the agreement and that the defendant no.13 was minor at the time of the agreement and there is nothing on record to show that the permission was obtained by the defendant no.10 from the Court to deal in respect of the property of defendant no.13. The learned trial Judge dismissed the suit with costs.