TUKARAM SADASHIV CHAMBAR Vs. MALLU BABU CHAMBAR

JUDGEMENT

(1.) The present second appeal is filed by plaintiff under Sec. 100 of Code of Civil Procedure, 1908[Hereinafter referred to as 'CPC'] challenging the judgment and decree dtd. 20/1/2010 passed in R.A No.70/2005 by the Fast Track Court-I, Chikodi[Hereinafter referred to as the 'first appellate Court'] and the judgment and decree dtd. 10/6/2005 passed in O.S No.69/1999 by the Additional Civil Judge (Jr.Dn.), Nipani[Hereinafter referred to as the 'Trial Court'], whereunder, the suit for specific performance has been partly decreed by the Trial Court, wherein, refund of the advance amount and redelivery of possession have been ordered, which has been affirmed by the First Appellate Court.

(2.) The parties will be referred to as per their ranking before the Trial Court, for the sake of convenience.

(3.) The relevant facts leading to the present appeal are that the defendant being the owner of the suit property, had executed an agreement of sale dtd. 26/5/1982[ Hereinafter referred to as 'the said agreement'], agreeing to sell the agricultural land bearing R.S Nos.20/5 and 20/2, measuring 13 guntas and 1 acre - 06 guntas respectively situated at Adi village in Chikodi[ Hereinafter referred to as the 'suit property'], for a total sale consideration of Rs.12,000.00. That on the date of the agreement, the plaintiff paid the defendant an earnest money of Rs.5,350.00, and the defendant put the plaintiff in possession of the suit property in part performance of the agreement. That the sale transaction was required to be completed in one year. The defendant having failed to complete the sale transaction, the plaintiff filed the suit for specific performance.