[Per Sarang V. Kotwal, J.]
1. Both these Appeals are decided by this common
judgment because they arise out of the same judgment and decree
1 of 58
Deshmane(PS)
:2: OS-APEALS-171-10+.odt
dated 14.1.2010 passed in Suit No.1642/1984. For convenience,
the parties are referred to by their original status in the Suit.
Appeal No.171/2010 is preferred by the original Plaintiff Kanchan
Rohira and Appeal No.490/2010 is preferred by the original
Defendant No.4 Suresh Dhoot.
2. The Suit was filed by the Plaintiff for specific
performance of the agreement dated 9.1.1977 executed between
the Plaintiff and the Defendant No.1 Nirmal Constructions Private
Limited. Initially, the suit was filed only against the Defendant
No.1. However, during pendency of the Suit, the Defendant No.1
had informed the Plaintiff that the flat which was the subject
matter of the agreement was already sold by the Defendant No.1 to
the Defendant No.3 M/s. Ravi Overseas Corporation by an
agreement for sale dated 18.11.1981. The Defendant No.2 Girish
Jalani had informed that he was an employee of the Defendant
No.3 and was in occupation of the said flat in that capacity. The
Defendant No.3, in turn, sold the said flat to the Defendant No.4
vide agreement for sale dated 12.5.1986.
