fair and voluntary agreement

AIR 2014 BOMBAY 37

(NAGPUR BENCH) S. B. SHUKRE, J.

Chintanman Sitaram Bajad (Dead) through L.Rs. v. Shankar Sonaji Shingne. Second Appeal No. 342 of 1989, D/7-1-2014. 

Specific Relief Act (47 of 1963), S. 20- Specific performance of contract for- - Suit Defendant had become owner of property at time of execution of agreement to sell-Evidence on record showing that agreement to sell was voluntary - It was consciously entered into by defendant Signature on document was not denied by defendant Facts on record also showing that defendant narrated terms of con- tract to scribe of the document, they were read over to defendant and only thereafter he had affixed his signature to the document Nothing to show that the contract gave plaintiff unfair advantage over defendant Plaintiff entitled to decree for specific performance. (Paras 16, 17, 18)