LAXMAN TATYABA KANKATE Vs. TARAMATI HARISHCHANDRA DHATRAK

JUDGEMENT

(1.) CIVIL Judge, Senior Division, Shrirampur, District Ahmednagar (for short 'the Trial Court'), in a suit for specific performance and in the alternative for recovery of Rs. 10,000/-, vide his judgment and decree dated 25th July, 1995 partially decreed the suit of the plaintiff (respondent herein), dismissing her claim for specific performance, ordered refund of earnest money with interest at the rate of 6% per annum pendente lite and future, with proportionate cost.

(2.) AGAINST this decree, the respondent filed an appeal before the District Judge, Ahmednagar (hereinafter referred to as 'the First Appellate Court'), who, vide his judgment and decree, dated 28th November, 2000, decreed the suit in its entirety. The Court granted decree for specific performance in respect of the land in question and upon grant of permission by the competent authority, as contemplated under Section 12 (c) of the Maharashtra Re-settlement of Project Displaced Persons Act, 1976, (hereinafter referred to as 'the Re-settlement Act') and also by the Society, as contemplated under Section 47(2) of the Maharashtra Cooperative Societies Act, 1960, (for short 'the Societies Act'), the appellants were entitled to specific performance upon payment of the balance sale consideration of Rs. 30,000/-. It also directed the appellants to submit an application seeking permission from the competent authority and execute a registered sale deed in favour of the respondent herein.

(3.) THEREAFTER, according to the respondent, the appellants also started causing obstruction in the peaceful possession of the respondent and one of such incidents occurred on 11.07.1992, which compelled the respondent to file the suit for specific performance, and in the alternative, for the refund of earnest money along with damages. One Vitthal Laxman Kankate also applied to the Court, vide Exh. 23, to be impleaded as a party, as he claimed right and interest in the said land. This application was allowed.