CHANDULAL BHARGAV MAHAJAN Vs. KUMUDINI GANESH DATAR

JUDGEMENT

(1.) THIS Second Appeal by the original Plaintiff is directed against the Judgment and Decree dated 7th October, 2011 passed by the District Judge, Khed in Civil Appeal No. 31 of 2010 partly allowing the Appeal against the Judgment and Decree dated 6th April, 2010 passed by the Civil Judge, Dapoli in Special Civil Suit No. 97 of 1977 whereby he had dismissed the Plaintiff's (Appellant herein) suit for specific performance of the contract.

(2.) FOR the sake of convenience, the nomenclature of the parties as described in the plaint are hereinafter referred to as the Appellant is the original Defendant and the Respondent is the original Plaintiff.

(3.) THE Plaintiff's case was that the Defendant being her near relative, she spent Rs.70,000.00 for purchasing those fields by the Defendant from Rewale family. According to her, the Defendant agreed to repay the amount of Rs.70,000.00 by 25th May, 1992 failing which he agreed to execute registered Sale Deed in favour of the Plaintiff. To that effect on 25th November, 1991 he executed an Agreement in her favour. She averred that the Defendant did not pay Rs.70,000.00 though demanded by her many times and also did not execute Sale Deed in respect of suit field in her favour as agreed by her. According to the Plaintiff, she was put in possession of the suit field on the date of Agreement dated 25th November, 1991, which was executed by the Defendant in her favour. As the Defendant did not repay Rs.70,000.00 to her as agreed by him, she served notice dated 28th July, 1999 on him and called upon him to specifically perform the Agreement dated 25th November, 1991 by executing Sale Deed in respect of the suit field in her favour. The Defendant replied the notice and denied that she incurred the expenses of Rs.70,000.00 for purchase of the suit field by him. He denied that he executed an Agreement dated 25th November, 1991 in her favour. Thus, he denied the Plaintiff's case in toto.