Mumbai Court September 1973 Judgments

Hasam Nurani Malak Vs. Mohansingh and anr.

Court: Mumbai

Reported in: AIR1974Bom136; 1974MhLJ120

Chandurkar, J.1. These two cross-appeals, one filed by the defendant and the other filed by the plaintiffs arise out of a decree passed by the Civil Judge. Senior Divisons. Wardha decreeing the claim for specific performance of a contract of resale and directing the plaintiffs to deposit in Court Rs. 9,000/- plus Rs. 8,100/- on account of interest for payment to the defendant within six months from he date of the decree. Admittedly the plaintiffs were the owners of filed khasra No. 96 area 6.95 acres in Bhumiswami rights situated at Jawoorwada. Tahsil Arvi. District Wardha. On 7.3.1957 the plaintiff executed a sale deed for a consideration of Rs. 9,000/- in respect of this field in favour of the defendant. The filed was already in possession of the defendant under a register leas eddied dated 5.6.1952 by which the right to pluck and remove the fruit from the garden or orange musambi, lemon and guava trees in the filed was transferred to the to the defendant for a period of five years f...