TRIMBAK RAMCHANDRA PATEL Vs. CHHOTABHAI SHANKARBHAI DALWADI

JUDGEMENT

(1.) In this appeal under Section 96 of the Civil Procedure Code 1908 (Code for short hereinafter) the appellant in this First Appeal has questioned the legality and validity of the decree passed by the learned Joint Civil Judge (Senior Division) at Narol in Special Civil Suit No. 92 of 1974.

(2.) A few material facts giving rise to the present appeal needs narration at the outset. The present appellant is the original defendant and the present respondent is the original plaintiff and the parties are hereinafter addressed to as the plaintiff and the the defendant for the sake of convenience and brevity.

(3.) The plaintiff inter alia contended that he is the owner of the open land bearing Survey No.180/1 situated at village Nikol and the defendant entered into an agreement to purchases that land which is hereinafter referred to as the suit land at the rate of Rs. 5/- per sq. yd. The defendant paid Rs.8240 to the plaintiff by way of earnest money and the plaintiff had handed over the possession of the suit land to the defendant. It was agreed upon between the parties that the defendant will obtain a sale deed from the plaintiff within a period of 5 years on payment of remaining amount of consideration. According to one of the terms of the agreement the defendant had to pay Rs. 450 per month as interest on the unpaid sale price. It was also agreed that if any three installments of such interest amount would remain unpaid the plaintiff would recover the dues with compound interest at the rate of 12%. As per the terms of the agreement the plaintiff was entitled to forfeit the earnest money and also to claim interest. The defendant had paid interest upto 15.8.1971. However thereafter 12 installments had become due in respect of the interest amount for the period between 16.8.1971 to 15.8.1971. In short 12 installments of interest were not paid by the defendant to the plaintiff as agreed. Therefore the plaintiff filed the suit for possession of the suit land and for the recovery of Rs. 6476 alongwith running interest and the cost.