KANCHAN G. ROHIRA Vs. NIRMAN CONSTRUCTIONS PVT. LTD.

JUDGEMENT

(1.) Both these Appeals are decided by this common judgment because they arise out of the same judgment and decree dtd. 14/1/2010 passed in Suit No.1642/1984. For convenience, the parties are referred to by their original status in the Suit. Appeal No.171/2010 is preferred by the original Plaintiff Kanchan Rohira and Appeal No.490/2010 is preferred by the original Defendant No.4 Suresh Dhoot.

(2.) The Suit was filed by the Plaintiff for specific performance of the agreement dtd. 9/1/1977 executed between the Plaintiff and the Defendant No.1 Nirmal Constructions Private Limited. Initially, the suit was filed only against the Defendant No.1. However, during pendency of the Suit, the Defendant No.1 had informed the Plaintiff that the flat which was the subject matter of the agreement was already sold by the Defendant No.1 to the Defendant No.3 M/s. Ravi Overseas Corporation by an agreement for sale dtd. 18/11/1981. The Defendant No.2 Girish Jalani had informed that he was an employee of the Defendant No.3 and was in occupation of the said flat in that capacity. The Defendant No.3, in turn, sold the said flat to the Defendant No.4 vide agreement for sale dtd. 12/5/1986.

(3.) The Suit was filed by the Plaintiff for specific performance of the agreement for sale dtd. 9/1/1977. The learned Judge partly decreed the suit. The prayer for specific performance was dismissed but the decree was passed in terms of prayer clauses (d) and (e) which read as follows :