NEMINATH APPAYYA HANAMANNANAVAR Vs. JAMBOORAO SATAPPA KOCHERI

JUDGEMENT

(1.) An successful plaintiff who sued for specific performance of n agreement of sale executed by the defendant in his favour on July 20, 1958, under which he agreed to convey to the plaintiff two lands bearing survey Nos. 5 and 12 in the village of Pattihal in the District of Belgaum, measuring 41 acres and 26 guntas in the aggregate for a sum of Rs. 32,000 is the appellant before us. That agreement is Exhibit 32 which recited that out of the consideration for the sale, a sum of Rs. 2,000 was set off against an outstanding liability of the defendant on accounts, and that a postdated cheque for Rs. 5,000 bearing the date September 1, 1958, was also delivered by the plaintiff to the defendant on the date of the agreement. The further recital was that the balance of Rs. 25,000 should be paid at the time of registration. The date fixed for performance was March 9, 1959.

(2.) The Plaintiff stated that he issued a notice to the Defendant on February 26, 1959 demanding performance but that any such notice was received by the Defendant was denied. However that may be, the suit out of which this appeal arises was brought on March 10, 1959, in which the plaintiff sought a decree for specific performance and possession, and, alternatively, damages of Rs. 10,000.

(3.) The Defendant resisted the suit on at least two grounds. The first was that there was an abandonment of the agreement by the plaintiff in consequence of the realisation that the execution of the sale deed would transgress the provisions of the Bombay Tenancy and Agricultural Lands Act. The Second was that the agreement was a void agreement for the reason that its performance would result in a transgression of the provisions of that Act.