Kamlabai Wd/O Waman Thakre v. Waman S/O Ajabrao Deshmukh (Dead) Thr. His Lrs Yuvraj S/O Waman Deshmukh And Others

1306sa346.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.346 of 2014 (Kamlabai wd/o Waman Thakre v. Waman s/o Ajabrao Deshmukh (Dead), through LRs. Yuvraj s/o Waman Deshmukh and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.O. Ahmed, Advocate for Appellant.

Shri M.R. Joharapurkar, Advocate for Respondent No.1B. Coram : R.K. Deshpande, J.

Date : 13 th June, 2016 The Trial Court dismissed the suit for specific performance of oral agreement dated 30-4-2000. The lower Appellate Court has concurred with the findings recorded by the Trial Court and dismissed the appeal. Hence, the original plaintiff is before this Court.

The claim was of the oral agreement dated 30-4-2000 for a total consideration of Rs.1,45,000/-, out of which, it is claimed that an amount of Rs.45,000/- was paid. Both the Courts below have recorded the finding that there is no evidence on record to establish the oral agreement dated 30-4-2000 and also the payment of Rs.45,000/- towards the earnest money. Even before this Court, such evidence has not been pointed out.

1306sa346.14.odt No substantial question of law arises for consideration. The second appeal is dismissed.

Judge.

Lanjewar