ROSALIE ROY Vs. BALASAHEB BAPURAO TUPE

JUDGEMENT

(1.) Heard Mr.S.K.Shinde, learned counsel for the appellant and Mr.A.P.Deshmukh, learned counsel for the respondents.

(2.) Admit. Mr.A.P.Deshmukh waives service. By consent of the parties, Appeal is taken up forthwith for final hearing.

(3.) This appeal is preferred by the original defendant challenging the judgment and decree dated 15th March, 2010 passed by the learned 3rd Addl. Judge, Small Causes Court, Pune in Special Civil Suit No.1409 of 2006. By that judgment, the learned trial Judge decreed the suit instituted by respondents (hereinafter referred to as plaintiffs) and directed the appellant (hereinafter referred to as defendant) to execute the registered sale deed of Flat No.104, Wing E admeasuring 74.72 sq.metres along with parking No.P.26, situate at Sunder Sankul, Hadapsar, Pune (for short "the suit flat") within thirty days from the date of decree. The learned trial Judge further held that if defendant fails to execute the registered sale deed of the suit flat within the stipulated period, plaintiffs shall apply to the court for execution of the sale deed of the suit flat and plaintiffs shall be entitled to possession of the suit flat after execution of the sale deed. After delivery of possession of the suit flat, defendant is entitled to receive balance amount of consideration of Rs.8 lacs which was been deposited by plaintiffs in the court as per application exhibit 21. The facts and circumstances which gives rise to the filing of first appeal are as follows.