ARDESHIR FRAMJI GHASVALLA Vs. TRICAMDAS GORDHANDAS

JUDGEMENT

(1.) This is an originating summons taken out by the plaintiff for the determination of the questions (1) whether the defendant is not bound to comply with the requisitions of the Cantonment authorities set forth in the plaint, (2) whether the said requisitions are arbitrary and illegal, and (3) whether the defendant should not specifically perform the contract of sale and complete the purchase.

(2.) By an agreement constituted by three letters the defendant agreed to buy from the plaintiff his land and bungalow situated at Wanowrie Lines, Poona, for Rs. 40,000. The defendant paid Its. 5,000 as earnest.

(3.) One of the terms contained in the letter dated October 17, 1921, addressed by the plaintiff to the defendant, was as follows: Tenure Cantonment land. You will have to comply with all the requisitions of the Cantonment Authorities for the transfer of the property to your name.