Madhav Grah Nirman Sahakari Sa Vs Gulab and Ors.

The suit was filed by the plaintiff-appellant for specific performance of the agreement alleged to have been executed on 20.02.1981 in favour of the appellant by the defendant-respondents for a sum of Rs.1,00,000/-, out of which an amount of Rs.1,000/was paid by the plaintiff-appellant to the defendantrespondents. The learned trial court has while deciding issues No.1, 2, 3 and 5 held that the plaintiff-appellant has failed to prove the execution of the agreement or the payment of any such consideration and even the fact that he was ready and willing during the period of 14 to 15 years to perform his part of the contract. Since the agreement was said to have been executed in the year 1981 and the suit was filed in the year 2006, the learned trial court has rightly found that the suit is barred by limitation.

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2

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S.B.CIVIL FIRST APPEAL NO.582/2009. Madhav Grah Nirman Sahakari Samiti Ltd. VS Gulab & Anr.

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In the facts and circumstances, I do not find any reason to interfere with the judgment and decree passed by the learned trial court.

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Consequently, the appeal as well as the stay application stand dismissed summarily.

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(DALIP SINGH),J.

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Solanki DS, Jr.P.A.

Madhav Grah Nirman Sahakari Sa v. Gulab and Ors.

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Madhav Grah Nirman Sahakari Sa v. Gulab and Ors.

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