JAYAUDDIN MONIRUDIN Vs. PRADEEPKUMAR BAIJNATH NAWBASI

JUDGEMENT

(1.) DISSATISFIED with the judgment and order passed by the District Judge, Yavatmal in Appeal No. 128/1983, arising out of the judgment and decree dated 30th March, 1983 passed by the Civil Judge (Junior division) Darwha in Regular Civil Suit No. 1 /1981, the original defendants have approached this Court by way of this Second Appeal challenging the same.

(2.) THE relevant and necessary facts for the purposes of the present appeal in short can be narrated as under:-The plaintiff approached the trial Court with the abovesaid Civil Suit contending that the defendants No. 1 to 3 entered into a contract to sell the house no. 1295 in Gandhi Nagar, Ward No. 5 and vacant site measuring 30' X 30' for consideration of Rs. 4,000/- with the plaintiff minor through his guardian father. According to the plaintiff, Rs. 800/- by way of earnest money were paid to the defendants and the remaining amount of consideration was to be paid on 12th may, 1980, i. e. , at the time of registration of the alleged sale-deed. The date of the contract is said to be 28th April, 1980. A document in the nature of Saude chitthi was executed which is at Ex. 29 of the record of the case. The transaction was to be governed by the conditions as mentioned in the said document.

(3.) ACCORDING to the plaintiff, inspite of having been served with the notice dt. 13-6-1980, the defendants did not comply with their part of the contract and plaintiff was, therefore, constrained to approach the Court for specific performance of the contract and in the alternative for refund of earnest money.