Satish R. Mundra vs M/S Manzil Hotels Pvt Ltd Pune And ...
2023 Latest Caselaw 7246 Bom

KVM

                                        1/2
                                                         12 - SAST 131 OF 2023.doc


      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

KVM

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.]