ANANTRAO KRISHNAJI KULKARNI Vs. VAISHALI RENUKADAS VAIDYA

JUDGEMENT

(1.) Heard Shri P.V.Mandalik, learned Senior Counsel holding for Shri Amol Gandhi, advocate for the appellant and Shri V.J.Dixit, learned Senior Counsel holding for Shri S.W.Mundhe, advocate for the Respondent. Admit. Appeal is taken up forthwith and heard finally by consent of learned Counsel for respective parties.

(2.) This is an appeal by original defendant raising challenge to the judgment and decree passed by 2 nd Joint Civil Judge, Senior Division, Aurangabad in Special Civil Suit No. 285/2002 decided on 24.04.2007.

(3.) Respondent (hereinafter referred to as the plaintiff'), instituted Special Civil Suit No.285/2002 claiming decree of specific performance of contract and perpetual injunction. Defendant is the owner of plot bearing plot no.20, CTS No. 15844/1/20, situate at Medical College Hospital Class III Employees' Cooperative Housing Society, Shahnoorwadi, Aurangabad. He entered into contract with the plaintiff for sale of the plot for consideration of Rs.2,40,000/ on 02.02.1997. Plaintiff parted with the earnest amount of Rs.30,000/ at the time of execution of agreement and it was agreed between the parties that at the time of execution of sale deed, balance of consideration amount shall be paid. According to the plaintiff, from time to time, she requested the defendant to execute the sale deed by accepting balance of consideration amount, but the defendant avoided to do so. Ultimately a notice was issued to the defendant on 22.02.2002, so also a public notice was published in local newspaper on 18.07.2002 calling upon the defendant to perform his part of the contract. Defendant, however, did not act in accordance with the terms of the agreement, as such, plaintiff was constrained to file suit.