SURESH NARAYAN GULAWANI Vs. VIMALABAI

JUDGEMENT

(1.) THIS second appeal is filed by the defendants being aggrieved by the judgment and decree by the District Judge in RA 326/1989 dated 28. 2. 2000 in setting aside the judgment and decree of the 1 Addl. Civil Judge, Belgaum in OS 105/1983 in so far as rejecting the relief of specific performance of the contract.

(2.) SUIT OS 105/1983 was filed by plaintiff/respondent before the Civil Judge, Belgaum for specific performance of contract against the defendants in respect of the suit schedule property i. e. , property in CTS 1438/1 measuring 91 x 14 sq. mtrs situate at Belgaum and also for a direction to execute the sale deed in favour of the plaintiff accepting Rs. 17,000/- and put the plaintiff in possession of the property and in the alternative, to pass a decree for refund of earnest money of Rs. 12,000/- with interest and to award compensation.

(3.) DEFENDANTS 1 to 3 and 5 are the owners of the suit property and defendant 4 is the general power of attorney holder for defendants 1 to 3 and 5. The suit property was agreed to be sold to the plaintiff for a sum of Rs. 29,000/- Accordingly, they entered into an agreement on 27. 8. 1997 and paid an advance of Rs. 2,100/- and agreed to pay a sum of Rs. 9,000/- within one month and the remaining balance consideration was agreed to be paid at the time of registration of the sale deed. Meanwhile, as per the agreement, defendant 4 was required to obtain permission from the deputy Commissioner, Belgaum under the provisions of the Urban Land (Ceiling and Regulation)Act, 1976 and thereafter to inform the plaintiff to execute the sale deed in terms of the suit agreement.