(1.) This is a plaintiff's appeal against the judgment and decree of the lower Appellate Court which declined to grant the decree for specific performance and which set aside the decree for specific performance granted by the trial Court.
(2.) For the purpose of convenience, the parties are referred to as they are referred to in the plaint.
(3.) The subject matter of the suit is plot No. 75 in New Extension Area, Chikodi, Belgaum District. The first defendant was the owner of the said plot. He entered into an agreement of sale with the plaintiff on 31.7.1972 to sell the same for a consideration of Rs.1,000.00. A sum of Rs.250.00 was paid under the agreement of sale as earnest money. The balance amount of Rs.750.00 was agreed to be paid at the time of execution and registration of the sale deed. The sale deed was to be executed within one month of obtaining the permission to transfer from the Assistant Commissioner, Chikodi. Incidentally it is to be mentioned the plaintiff was 6 years on the date of the suit, was a minor and he was represented by his guardian-mother Smt.Urmila. After the agreement was entered into in terms thereof both the plaintiff and first defendant made an application to the Assistant Commissioner for grant of the requisite permission. The said application was numbered as LBP/CR/1604/75. It is the case of the plaintiff that defendant No.1 stated before the Revenue Inspector that he did not desire to sell the plot. Hence, the above application was ordered to be filed by the Assistant Commissioner, Chikodi. The said intimation was communicated to the plaintiff. Thereafter, an application for permission to sell the said plot in favour of the second defendant was filed by them jointly on 6.1.1973. Permission was granted on 30.4.1973. First defendant executed a sale deed in favour of the second defendant on 3.5.1973 for a consideration of Rs.1,500.00