MADHAVJI BHANJI Vs. RAMNATH DADOBA

JUDGEMENT

(1.) This is a suit for specific performance of an agreement for sale in which the plaintiffs are the purchasers. They allege that the agreement comprises, in addition to other pieces of property, some warkas land and a house.

(2.) It has been held by both the Courts that the written document of sale does not in terms comprise either the warkas land or the house.

(3.) The first Court on that ground dismissed the suit. In the lower appellate Court the point was raised by Mr. Chaubai, who appeared for the plaintiffs, that if the document did not comprise both the warkas land and the house, then that was in consequence of a mutual mistake, and he accordingly applied for leave to amend so as to include in his plaint a claim for rectification. This application was made in January 1905.