DHANAPAL APPANNA PHAKIRE Vs. MALUTAI AND ORS.

JUDGEMENT

(1.) THE petitioner who is the plaintiff filed the above writ petition challenging the order dated 26.09.2010 dismissing I.A.3 filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure.

(2.) IT is the case of the plaintiffs/petitioner that they are the agriculturists and they own and possess of agricultural land within the limits of the Giragaon village in Chikodi Taluk. The defendants have succeeded to the suit schedule property as owners after the death of Appasaheb Balu Ghorpade. During the lifetime of Appasaheb Balu Ghorpade he had expressed his willingness to sell the suit property for his family necessity. After the death of Appasaheb Balu Ghorpade, plaintiffs through the elders discussed regarding the transaction of sale of the suit property on 30.08.2010. In the presence of witnesses, plaintiffs and deceased Appasaheb Balu Ghorpade have agreed to enter into agreement of sale in respect of suit property. Accordingly, deceased Appasaheb Balu Ghorpade executed registered agreement of sale before the Sub -Registrar, Chikkodi on 30.08.2010 for a total sale consideration of Rs. 30,000/ - and on the very day of agreement plaintiffs paid an amount of Rs. 27,000/ - as earnest money to Appasaheb Balu Ghorpade. The receipt of said amount was acknowledged by deceased Appasaheb Balu Ghorpade by execution of registered agreement of sale.

(3.) THE defendants filed their written statement on 5.10.2012 and denied the entire plaint averments and contended that the plaintiffs taking advantage of the fact that Appasaheb Balu Ghorpade was addicted to drinks and when he was in an intoxicated state of mind plaintiffs got executed the alleged agreement of sale by him and same is challenged and to safeguard the other property from the clutches of the plaintiffs, filed a suit for partition and wherein Appasaheb Balu Ghorpade has been allotted 0.29 guntas and in respect of that portion again the plaintiffs got the present alleged agreement of sale created with an imagination, which is not binding on the deceased Appasaheb Balu Ghorpade and also on the present plaintiffs, etc.