SUDHAKAR ANANTRAO DHUMANE Vs. SUBHASH KONDANNAJI KATKAMWAR

JUDGEMENT

(1.) The original plaintiff has filed this Second Appeal challenging the concurrent judgments and decrees delivered by the Courts below dismissing his suit for specific performance and only ordering refund of earnest money.

(2.) While admitting the appeal this Court has framed following question on 14.06.1995 - (1) Whether the agreement of sale relied on by the plaintiffs is hit by Section 8AA of the Bombay Prevention of Fragmentation and Consolidation of Holding Act, 1947 (hereinafter referred to as Fragmentation Act).

(3.) The appeal was taken up for hearing on 15.04.2008 and 16.04.2008. The learned counsel for appellant sought liberty to urge additional question and after hearing her and for the reasons recorded on 16.04.2008, I have formulated the following two questions as additional substantial questions of law.