ROHIT A. KAPADIA Vs. PERVIZ J. MODI

JUDGEMENT

(1.) The above Suit is filed by the Plaintiffs against the Defendant for the following reliefs:

(2.) The facts as narrated by the Plaintiffs, are briefly set out hereunder:

(3.) The Defendant filed her Written Statement dated 28th September 2006, wherein she alleged that she had not authorised her husband to bind her in any legal obligation with respect to the suit flat. However, this contention was neither argued nor pressed by the Defendant's Advocate, and in fact Mr. Jamshed Modi, the Defendant's husband, gave evidence on behalf of his wife. It was further contended in the Written Statement that there was no concluded contract although the price was agreed upon between the parties. It was further contended that it was always intended that the parties would be bound only by an agreement in writing, which was not done.