1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1166 OF 2003 Vaibhav Vijay Sawant ...Plaintiff vs. Abdul Karim Umer Merchant & Anr. ...Defendants Mrs.Mugdha M. Jadhav for the Plaintiff. CORAM : V.M. KANADE, J. DATED : JANUARY 19, 2010 P.C. :- 1 Heard Counsel for the plaintiff. None appears on behalf of the defendants though they are served. The plaintiff has filed affidavit of service dated 29th February, 2008. The plaintiff has also filed affidavit in lieu of evidence dated 24th November, 2009 and list of documents on which reliance is placed by the plaintiff. The plaintiff has also filed Original Agreement for Sale dated 29th February, 2000 between the defendant and the 2 plaintiff herein. The plaintiff has filed the suit for a declaration that the Termination of the Agreement dated 29th February, 2000 and Notice of termination by the defendants are illegal, unlawful and not binding on the plaintiff and for a decree for Specific Performance of the said Agreement dated 29th February, 2000 and for a direction to the defendants to execute and register the Sale Deed in accordance with Order 21 Rule 34. 2 The case of the plaintiff is that the defendants by Agreement dated 29th February, 2000 (hereinafter referred to is the said Agreement ) agreed to sell and transfer to the plaintiff all the rights, title and interest in respect of the land more particularly described in the plaint and in the schedule annexed to the plaint for a total sum of Rs.7 lakhs. According to the plaintiff, one Mrs.Tanvi Girish Vaidya by Deed of Conveyance dated 30th March, 1982 purchased the suit land and was put in possession by the vendors. Defendant no.1 made 3 an attempt to enter upon the suit land claiming that he is the owner of the suit land. Suit was filed by the owner against the defendant being defendant no.1 claiming permanent injunction against defendant no.1 in the suit. Interim protection was granted 1st October, 1984 and was confirmed in the appeal. According to the plaintiff, his father intervened in the dispute and the matter was settled and accordingly, Consent Terms were filed between the original owner and defendant no.1 to the said suit. Thereafter, Agreement dated 29th February, 2000 was executed between the plaintiff and the defendants. An Agreement was affirmed by the defendants and copy of which was given to the plaintiff in which the defendants agreed to make out a marketable title to the property and admitted that they had 2/3rd undivided share in the suit property. In view of the said agreement, the plaintiff agreed to pay the balance amount. The cheque was issued by the plaintiff for a sum of Rs.4 lakhs which was encashed by the defendants. The defendants, however, did not 4 execute the Conveyance Deed in spite of plaintiff showing his willingness to pay the balance consideration. The plaintiff, therefore, has filed the present suit. Suit is filed within limitation. The date for performance of the contract was fixed on 28th April, 2000. Suit has been filed on 21st March, 2003. Property is situated within the jurisdiction of this Court. Therefore, this Court has jurisdiction to try the suit since the defendants have not appeared and filed the written statement in spite of service of writ of summons. The plaintiff is entitled for a judgment and decree in view of Order VIII Rule 10 of the CPC. 3 Suit of the plaintiff, accordingly, is decreed in terms of prayer clauses (a), (b) and (c). The plaintiff also would be entitled to get costs of the suit. Suit, accordingly, is disposed of. 4 Certified copy expedited. (V.M. KANADE, J.)