TULSABAI Vs. RAJANI

JUDGEMENT

(1.) This Second Appeal was admitted on 24th September, 2009 on the following substantial question of law :

(2.) This Appeal is at the instance of original defendant no.1 challenging the judgment and order dated 17th July, 2008 passed by learned District Judge at Pandharakwada in Regular Civil Appeal No.77/2003 which was dismissed. The said appeal stems from judgment and decree passed on 3rd September, 2001 by learned Joint Civil Judge, Senior Division, Yavatmal in Special Civil Suit No. 95/1991.

(3.) The plaintiff had instituted the suit for possession, damages and costs of the suit on the ground that the plaintiff is the owner of the land bearing Gat No. 53 ( Old S.No. 34) admeasuring 4H 31R situated at village Khadaki, Taluqa: Maregaon, Dist. Yavatmal. The suit land was originally allotted in favour of one Shri Rajkumar Punyani, husband of the plaintiff some in 196768, by the Government. After death of but he took disadvantage and cultivated the suit land and inducted name of first defendant, who took forcible possession pleading that she has purchased under an agreement to sell and cultivated the land on that pretext. First defendant contended that there was an oral agreement to sell the suit land and price of suit was agreed at Rs. 49,000/; whereas Rs. 36,000/was paid by way of an earnest money and possession of land was handed over to her, while she agreed to pay Rs. 13,000/at the time of sale deed pursuant to agreement to sell dated 25.5.1992. Later on, it was agreed on 29.4.1994 to obtain permission of the Collector so as to execute the sale deed as plaintiff's husband was Class II occupant. The permission sought was, however, rejected.