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(Per Anoop V. Mohta, J.) The Appellant (the Plaintiff) has challenged the judgment and decree dated 24 October, 2008 whereby his Suit for specific 2 app-211-09.sxw performance against all the Respondents has been dismissed in toto.

2 The Appellant attracted by Respondents 1 to 3's advertisement dated 1 July 1979 alleged to have booked a two room kitchen flat bearing Flat No.20-A, on the 4th floor of Building No.5 at Baf-Hira Nagar, Marve Road, Malad (West), Mumbai and paid the earnest money by a cheque on 2 July 1979 of Rs.5,500/- in favour of Respondent No.1 and paid cash to one M/s.Laxmi Housing Agency, alleged sole agent. The same were duly acknowledged.

(a) The Plaintiff failed to prove that Defendant no.1 has advertised to sell the flats at BAF-HIRA Nagar, Marve Road, Malad (West), Mumbai 400 064 on 1.7.1979; (b) The Plaintiff failed to prove that he had agreed to purchase one flat bearing No.75/A/20, two room kitchen area about 450 sq.ft on 4th floor, building No.5, "A"