INDERJIT KAPANI Vs. MANORAMABAI AND ANOTHER

JUDGEMENT

(1.) The appellant/plaintiff filed the suit seeking decree of specific performance and permanent injunction. Vide judgment and decree dated 19.11.2004, the suit has been dismissed. Thereafter, the plaintiff has filed the present appeal.

(2.) According to the plaintiff, the respondent/defendant No.1 had entered into an agreement to sale dated 22.3.1980 with Gopikishan for a consideration of Rs. 75,000/-. Unfortunately, Gopikishan expired on 8.3.1985 without executing the sale-deed. Later on, the defendant No.1 being daughter of Gopikishan cancelled the aforesaid sale-agreement and executed the sale-deed in favour of respondent/defendant No.2. Thereafter, the plaintiff filed the suit for specific performance of the contract, declaration and permanent injunction against defendants No.1 and 2.

(3.) The learned trial Court after framing the issues vide impugned judgment and decree has dismissed the suit holding that the plaintiff has failed to prove the agreement to sale as well as acquisition of title by way of adverse possession. Hence, the present first appeal before this Court.