SHANTABAI Vs. GIRIJABAI

JUDGEMENT

(1.) On 14th April, 1975 the appellant herein executed an agreement for sale of his house in the town of Akola for a sum of Rs 6. 000. 00. It is alleged that a sum of Rs. 4,000. 00 was given as earnest money and balance to be paid on the date of sale deed to be executed on 11th march, 1976. However, the appellant did not execute the sale deed. The plaintiff-respondents thereafter brought a suit for specific performance of agreement for sale of the house. The trial court granted alternative relief by awarding a sum of Rs, 5,000. 00 as damages. The plaintiff-respondents thereafter preferred an appeal before the first appellate court. The first appellate court allowed the appeal and decreed the suit for specific performance for sale of the property. The appellant thereafter preferred a second appeal, which was dismissed by the High Court. It is against the said judgment, the appellant has preferred this appeal.

(2.) Learned counsel appearing for the appellant, urged that since considerable period of time had elapsed from the date of execution agreement and the prices of property have gone up many times, therefore, it was not a case where discretionary relief for specific performance of the agreement ought to have been granted in favour of the plaintiff-respondents. We have looked into the matter, but we do not find any evidence having led by the appellant in respect of extent of price rise of the property. In the absence of such evidence, the courts below were justified in granting discretionary relief for specific performance of the agreement in favour of the plaintiff-respondents. However, in the course of argument, it is agreed between the parties that the market price of the property has gone up many times. Under such circumstances, we direct the plaintiff-respondents to pay a further a sum of Rs. 30,000. 00 to the appellant. The decree of the court below to this extent shall stand modified.

(3.) With these directions, we dismiss this appeal. There shall be no order as to costs. Appeal dismissed.