CHANDRAKANTRAO KISHANRAO JAWALKAR Vs. RAMA RANGANATH WAGCHAWRE

JUDGEMENT

(1.) Plaintiffs suit for specific performance was dismissed by the trial Court but is decreed by the Appellate Court and that is why defendants Nos. 1 to 4 have field this second appeal which arises out of the following facts.

(2.) Defendants No. 1 was the owner of the suit property. He agreed to sell it to the plaintiffs, who was already in possession, on 12-7-1971 for an amount of Rs. 1,500/- and an earnest receipt, Exh. No. 34 for Rs. 250/- was executed on that day. Under the terms of the contract, an amount of Rs. 250/- was to be paid by Bhadrapad Vadya Padva and the remaining amount of Rs. 1000/- was to be paid on Diwali Padva of the same year. It was further stipulated in the earnest receipt that if the plaintiff failed to pay Rs. 250/- on Bhadrapad Vadya day, the plaintiff would forfeit his right over the suit property and would also forfeit the previous amount paid by him and there was a similar stipulation for failure to pay Rs. 1000/- on Diwali Padva day. Admittedly, amount of Rs. 250/- was not paid on Bharapad Padva day, but the plaintiff paid Rs. 550/- to defendant No. 1 on 9-10-1971, on which date defendant No. 1 executed receipt Exh. No. 35, in favour of the plaintiff. The plaintiff also further alleged that he again paid Rs. 200/- to defendant No. 1 on 15-11-1971 without any receipt. He alleged further that he requested defendant No. 1 to execute the sale deed on 25-11-1971, but the defendant No. 1 avoided to do so and later on refused to execute the sale deed on 30-11-1971. As defendant No. 1 was trying to sell the property to other persons, the plaintiff filed this suit for specific performance of the contract after accepting Rs. 500/- from him.

(3.) Initially, the suit was filed only against defendant No. 1, but the property was sold to defendants Nos. 2 to 4 under a registered sale deed, and hence defendants Nos. 2 to 4 were impleaded in the suit.