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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL (ST) NO. 131 OF 2023
Satish R. Mundra & Anr. ..... Appellants
VERSUS
M/s.Manzil Hotels Pvt. Ltd. & Ors. ..... Respondents
Mr. A.V.Anturkar, Senior Advocate a/w. Mr.Ajinkya M. Udane for the
Appellants.
CORAM: ABHAY AHUJA, J.
DATE : 19th JULY, 2023 P.C:-
This appeal has been preferred against the judgment and order dated 29th August, 2022 in Regular Civil Appeal No. 654 of 2017 passed by the District Judge, Pune dismissing the appeal against the order dated 31st March, 2000.
2. Mr.Anturkar, learned senior counsel submits that the First Appellate Court has grossly erred in not considering the clear terms and conditions of the agreement for sale. He submits that the agreement for sale clearly contains the condition that the sellers would ::: Uploaded on - 20/07/2023 ::: Downloaded on - 21/07/2023 03:30:25 ::: KVM 2/2 12 - SAST 131 OF 2023.doc get the agricultural land converted into non-agricultural land. However instead of doing that, the defendants have again got the non- agricultural land converted into agricultural land which is clearly breach of the agreement for sale. He would submit that not only that as a condition for entering into a sale deed, the defendants were required to obtain a section 230A certificate under Income Tax Act, 1961 as a prior condition which was not met and despite that both the trial court and the appeal court observed that such certificate is not necessary for the purpose of presentation but only for the purposes of registration even though the same is a condition precedent to entering into a sale deed.
3. Having heard learned senior counsel and having perused the impugned orders, issue notice to the respondents returnable on 23rd August, 2023.
[ABHAY AHUJA, J.] ::: Uploaded on - 20/07/2023 ::: Downloaded on - 21/07/2023 03:30:25 :::