SURESHKUMAR SAKHARCHAND SHAH Vs. EDNA SUSHILA SAMUEL

JUDGEMENT

(1.) THESE are cross -appeals arising out of the judgement and decree of the Joint Civil Judge, Senior Division at Pune vis -a -vis Survey No. 52/6 -C admeasuring 1 acre and 32 -3/4 gunthas at village Vadgaon Sheri. Taluka Haveli, District Pune, more precisely described in para 1 of the plaint.

(2.) THE appellant in First Appeal No. 285 of 1985, hereinafter referred to as defendant as the owner of the suit land. The appellant in First Appeal No. 249 of 1985, hereinafter referred to as the plaintiff is a businessman based at the Pune. Defendant's husband and the plaintiff were clubmates, both being the members of the Pune club. Plaintiff entered into an agreement to purchase the suit land from the defendant and the said agreement was reduced to writing on 19 -7 -1971 at Exh. 55. Broadly speaking, the plaintiff paid earnest money of Rs. 10,000/ - from out of the agreed price of Rs. 1,22,000/ -, was to pay the balance within a period of nine months and in return the defendant was to pass a sale deed in plaintiff's favour. The defendant on her part undertook to do various things such as produce documents of title to satisfy PIFF of her right to transfer the land free of encumbrances, acquire and furnish to the plaintiff a demarcation certificate from the District Inspector of Land Records, secure permission from the Collector to convert the land which was agricultural into non -agricultural (NA) etc. The period for execution of the sale deed was extended from time to time. The extensions being granted on 21 -3 -1972, 16 -2 -1973, 18 -4 -1976 and 12 -2 -1979. the second extension endorsement, had, amongst others, the following recital :

(3.) AGGRIEVED by the refusal to grant specific relief, plaintiff has filed First Appeal No. 249 of 1985. Defendant has filed First Appeal No. 285 of 1985 contending that she should have been granted a decree for possession of the super -structure in the suit land. Points arising for determination are :