PRATAPRAI TRAMBAKLAL MEHTA Vs. JAYANT NEMCHAND SHAH

JUDGEMENT

(1.) THIS chamber summons is taken out by the plaintiff/decree-holder for possession of flat No. 5 situate on the 1st floor of the building at plot No. 191, Jawahar Nagar Co-operative Housing Society Ltd. , Goregaon (West), Bombay, (suit flat, for short) in execution of the consent decree passed on September 21, 1987.

(2.) THE facts are that the defendants were the owners of the aforesaid building on plot No. 191. On April 15, 1985, the plaintiff and the defendants entered into an agreement of sale in respect of the said building with vacant possession of two flats i. e. flat Nos. 1 and 3 situated on the ground floor of the said building for a total consideration of Rs. 1,00,000/ -. By another agreement dated November 15, 1985, the earlier agreement was confirmed. On August 14, 1987, the plaintiff filed Suit No. 2434 of 1987 for specific performance of these agreements. The suit property was described in the schedule of the property in Exhibit A to the plaint as follows :-

(3.) ON September 21, 1987, the plaintiff and the defendants presented consent terms before the Court and a consent decree was passed in terms of the consent terms. It will be necessary to note some of the relevant terms of the compromise decree, which are reproduced below :---