ASHRAF KHAN Vs. ZAHEEDA KAZI

JUDGEMENT

(1.) THE appeal is filed against judgment and decree of Civil Suit No.20/2005, which was pending in the Court of District Judge -1, Panaji. The suit of appellant filed for relief of specific performance of contract and in alternative for the return of consideration amount is dismissed by the trial Court. Learned Counsel for the appellant and respondents no.2 & 3 are heard.

(2.) RESPONDENT no.1 was duly served, but she did not turn up. The learned Additional Government Advocate remained present, but there was no interest of Additional Government Advocate, State in the present matter.

(3.) IT is the case of the plaintiff that under two separate registered agreements of sale dated 18/11/1999 and 23/11/1999, the defendant no.1 agreed to sell the suit property to him as the holder of power of attorney of her mother. It is contended that survey no.40/2, 17/3 and 14/0 were standing in the name of the mother of defendant no.1. According to plaintiff, he had paid most of the consideration in respect of transaction and out of Rs.5 lacs he had paid Rs.4.5 lacs to defendant no.1 as the advance consideration and she had accepted it for her parents. Defendants no.2 & 3 were formal parties as they were expected to register the sale deeds, if executed in future. They are made respondents no.2 & 3 in this proceeding.