MADHUKAR NIVRUTTI JAGTAP Vs. PRAMILABAI CHANDULAL PARANDEKAR

JUDGEMENT

(1.) This appeal by special leave arises out of a civil suit (No. 83 of 1968) for specific performance of agreement for sale of agricultural land in Survey No. 64 admeasuring 50 acres and 39 gunthas, situated at village Gulvanchi, Taluka - North Solapur . In its judgment and decree dated 13.04.1984, the Trial Court declined the relief of specific performance but decreed the suit for the alternative relief of money recovery. On 30.11.1987, the First Appellate Court, while dismissing the contesting plaintiffs' appeal (Civil Appeal No. 546 of 1984), affirmed the decree of the Trial Court. However, the High Court of Judicature at Bombay allowed the second appeal preferred by the contesting plaintiffs (Second Appeal No. 176 of 1988) by its impugned judgment and decree dated 01.08.2007 and decreed the suit for the principal relief of specific performance, albeit on enhanced sale consideration with reference to the market value of the land in question.

(2.) In order to appreciate the relevant features of this case, essentially pertaining to the reliefs claimed under the Specific Relief Act, 1963 , the status and capacity of parties to this litigation may be taken note of at the outset and as follows: -

(3.) Briefly put, the relevant background aspects of the matter and respective stands of the parties had been as follows: -