SHAM PUNDLALIK DHUMATKAR Vs. SMT. PUSHPA MOHANLAL TALREJA

JUDGEMENT

(1.) Admit. Having regard to the challenge involved heard forthwith.

(2.) The above First Appeal takes exception to the judgment and order dated 06.05.2014 passed by the Learned Judge of the City Civil Court, Greater Mumbai, by which order, the suit in question being SC Suit No.7748 of 1998 (High Court Suit No.940 of 1998) came to be decreed. Consequently, the Defendant Nos.1 and 2 are directed to specifically perform the Agreement i.e. the Memorandum of Understanding dated 18.09.1997 within two months subject to the Plaintiffs depositing the balance consideration of Rs.1,50,000/ within a period of four weeks from the date of the judgment with the Court Receiver. It is further provided that if the Defendant Nos.1 and 2 failed to carry out the directions as contained in clause (1) then the Court Receiver shall execute the sale deed in favour of the Plaintiffs and hand over possession of the suit premises to the Plaintiff and do such acts as may be necessary.

(3.) The Appellants herein are the original Defendant Nos.1 and 2 and the Respondent Respondent Nos.1 and 2 are the original Plaintiffs and the Respondent No.3 is the original Defendant. It appears that the original Plaintiff No.1 Smt. Pushpa Mohanlal Talreja expired during the pendency of the proceedings and her heirs who are shown as Respondent Nos.1a to 1d were brought on record in the Trial Court.