DHANAPAL APPANNA PHAKIRE Vs. MALUTAI

JUDGEMENT

(1.) The petitioner who is the plaintiff filed the above writ petition challenging the order dated 26.09.2014 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 petitioners further contended that after the death of Appasaheb Balu Ghorpade, plaintiffs approached defendants 1 and 2 with elders and requested them for execution of registered sale deed in terms of the agreement as executed by deceased Appasaheb Balu Ghorpade. The defendants expressed their willingness to execute the sale deed, but sought some time to execute the sale deed. Again in the year 2011, plaintiffs approached the defendants and sought for execution of sale deed after receiving the balance sale consideration. The defendants expressed their willingness to execute the sale deed, but for the reasons best known to defendants, postponed the performance of their part of contract. Therefore, the plaintiffs got issued a legal notice to defendants in the month of October 2011 calling upon them to execute the sale deed and the defendants replied the notice only on 28.11.2011. Therefore, plaintiffs were constrained to file suit for specific performance of contract directing the defendants to execute the sale deed in terms of the registered agreement of sale executed by deceased Appasaheb Balu Ghorpade on 30.08.2010.