USHADEVI MURLIDHAR CHANTRATRAYA Vs. RATNAKAR KASSHINATH CHANDORKAR

JUDGEMENT

(1.) THE above appeal has been filed by the original defendant nos. 1 to 5 against the judgment and decree dated 13.8.1993 passed in Special Civil Suit No.438 of 1988 on the file of the Joint Civil Judge, S.D., Nashik at Nashik, passing a decree for specific performance in favour of the plaintiff/1st respondent in respect of the suit agreement dated 22.10.1984.

(2.) THE case of the plaintiff can be, briefly, stated as follows:

(3.) ON 19.10.1994, the 2nd defendant accompanied the plaintiff in order to purchase stamp paper of Rs.5/- and after purchasing the same, the plaintiff typed out the document in question and that thereafter the family members of the defendants signed the same. The defendants would assert that the possession of the suit plot was never given to the plaintiff by the defendant no.2 or anybody else. According to the defendants, the plaintiff has not come forwards to Court with clean hands and as such, he would not be entitled for a discretionary relief of specific performance.