BHAGWANDAS DHANJI THAKKAR Vs. VISHNU KISHORDAS TECKCHANDANI
LAWS(BOM)-2007-3-162
HIGH COURT OF BOMBAY
Decided on March 13,2007

BHAGWANDAS DHANJI THAKKAR Appellant
VERSUS
AMARRAJ LALJI NANAVATI Respondents

JUDGEMENT

D. Y. Chandrachud, J. - (1.)The appeal before the Court arises out of an ad-interim order passed by the Learned Single Judge on 22nd November 2006, by which the Court Receiver was appointed as Receiver in respect of the suit premises, with a consequential direction to the Receiver to appoint any party as his agent, on the usual terms and conditions. Both the Plaintiff and the First Defendant were permitted to bid for the agency. The First Defendant is in appeal.
(2.)The suit premises consist of a tenement (Tenement No.175, Chawl No.25, situated on plot bearing C.T.S. No.588, Kuldeep Co-operative Housing Society Limited, C.C.I. Nagar, Near Rationing Office, Rajendra Nagar, Borivali (East) Mumbai-400 066) admeasuring about 1400 sq.ft. The premises originally belonged to the Second Defendant. The Plaintiff and the First Defendant entered into an agreement on 17th February 2003 with the Second Defendant by which the Second Defendant agreed to sell the premises jointly to the Plaintiff and the First Defendant at and for a consideration of Rs.6 lakhs. An amount of Rs.2,26,100/- was paid to the owner of which Rs. 1.26 lakhs was paid by the Plaintiff and the balance by the First Defendant.
(3.)A dispute arose between the Plaintiff and the First Defendant on the one hand and the Second Defendant on the other. A suit was filed on the Original Side of this Court1 by the Plaintiff and the First Defendant to these proceedings jointly for specific performance. The dispute was resolved amicably and Consent Terms were filed in the suit on 24th September 2004. The Consent Terms envisaged that the Second Defendant to the present suit would sell the premises jointly to the Plaintiff and the First Defendant to these proceedings for an aggregate consideration of Rs.9,76,100/-. An amount of Rs.4,26,100/- was stated to have been paid in pursuance thereof and it is the case of the Plaintiff that Rs.2,26,100/- came to be contributed by him, the balance of Rs.2 lakhs being paid by the First Defendant. An amount of Rs. 5.50 lakhs remained to be paid. Of that amount, Rs.50,000/- was to be paid at the time of the registration of the agreement to sell or on compliance by the Second Defendant herein, of his obligations stated in paragraphs 4, 5 and 6 of the Consent Terms. Rs.5 lakhs were to be paid within a period of 90 days of the execution of the Consent Terms. Under clause 4 of the Consent Terms, it was envisaged that an agreement to sell would be executed in favour of the Plaintiffs, as may be necessary or required by the Mumbai Housing and Area Development Authority.


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