ALTINO GRACIAS Vs. PASCOAL DIAS

JUDGEMENT

(1.) HEARD Shri Sudesh Usgaonkar, learned Counsel appearing for the Appellant, Shri Menezes, learned Counsel appearing for the Respondent nos. 1(a) to (c) and Shri C.A. Coutinho, learned Counsel appearing for the Respondent nos. 14 and 15.

(2.) THE above appeal challenges the Judgments passed by the Courts below whereby a suit for specific performance filed by the Appellant in respect of an agreement for sale, executed on or about 20.02.1993, came to be dismissed.

(3.) THE Respondents filed their written statements disputing the claim put forward by the Appellants. It is, inter alia, their case that the Respondent no. 1 was not the exclusive owner of the property and, as such, he could not enter into an Agreement executed in favour of the Appellants. It is further their case that all the Respondents have jointly started development and, as such, sought for dismissal of the suit.