Kalimulla Ajimulla v. Shri. Hitesh S/O. Mathuradas Kariya
Case brief
What is this about?
Specific performance — readiness and willingness — second appeal — substantial question of law — perverse findings — concurrent findings of fact — time essence of contract — pay orders/demand drafts of balance consideration dated 25.06.2012 — affidavit of presence before Sub-Registrar — deposit of balance consideration in trial Court — obligation to obtain permissions (Release Letter of Nagpur Improvement Trust, cooperative society NOC, property card entries) — Malik Makbuja land — additional compensation for delay — escalation of prices — balancing of equities — High Court of Bombay, Nagpur Bench — Second Appeal No.49 of 2025 — Rohit W. Joshi, J.
What did the court decide?
Second Appeal partly allowed by modifying the judgment and decree dated 02.01.2019 in Special Civil Suit No.478 of 2012 and the judgment and decree dated 09.07.2024 in Regular Civil Appeal No.119 of 2019: the plaintiff is directed to pay to the defendant, or deposit with the learned trial Court with prior written intimation to the defendant, a sum of Rs.7,50,000/- over and above the agreed sale consideration of Rs.15,00,000/- on or before 15.03.2026; subject to this condition, the impugned decree for specific performance is maintained; the defendant is entitled to receive the deposited balance consideration of Rs.8,00,000/- with accrued interest; parties to bear their own costs.