BABASAHEB DHONDIBA KUTE Vs. RADHU VITHOBA BARDE

JUDGEMENT

(1.) Leave granted.

(2.) Being aggrieved by the judgment and decree of the High Court of Judicature at Bombay, Aurangabad Bench dtd. 17/12/2018 in Second Appeal No.118/2018, the plaintiff in the original suit has preferred this appeal.

(3.) For the sake of convenience, the parties shall be referred to in terms of their status before the trial Court. The appellant-plaintiff and the respondent-defendant entered into an agreement to sell dtd. 31/7/2001 under which, the defendant agreed to sell his land of 80R situated at Block No.41/1, Mandve (Bk), Tq. Sangamner to the plaintiff for a total consideration of Rs.2,25,000.00. An advance amount of Rs.1,55,000.00 was paid by the plaintiff to the defendant on the said date. Thereafter possession was stated to have been given in the year 2003 by the defendant to the plaintiff. On 10/1/2003, the plaintiff paid an additional consideration of Rs.65,000.00 and thus out of a total consideration of Rs.2,25,000.00, an amount of Rs.2,20,000.00 was paid. Since the defendant did not perform his part of the contract to execute the sale deed, the plaintiff filed Special Civil Suit no.11 of 2005 before the concerned trial Court seeking the decree for specific performance of the agreement to sell and in the alternative, for refund of the advance sale consideration / earnest money of Rs.2,20,000.00 along with interest @ 6% p.a.