LONKARAN KISHORILAL PALIWAL Vs. BHASKAR RAMBHAU GHIVE

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 31st July, 1982 passed by the Civil Judge, Senior Division, Buldana-Khamgaon in Special Civil Suit No. 10 of 1980, passing a decree against the original defendant Lonkaran Kishorilal Paliwal.

(2.) THE facts giving rise to the present appeal are as under:-

(3.) THE plaintiffs/respondents contended that they are purely agriculturists and they own about 15 acres of land. Prior to the agreement of sale, the plaintiffs/respondents had sold about 25 to 30 acres of land and as the suit land being adjacent to the land owned by the plaintiffs/respondents and being convenient, the plaintiffs/respondents were interested in purchasing the suit land from the defendant/appellant. The plaintiffs sold some of their property and raised the amount to purchase the land in suit. It is also contended that the defendant/appellant besides having the suit land, deals in sale and purchase of cotton and food-grains. He also gets income from house, property by way of rent. The plaintiffs/respondents denied the contention raised in reply to the notice, being false. According to the plaintiffs/respondents, they remained present in the office of the sub-Registrar, Tangaon on 15th March, 1980, with the balance amount of consideration and waited for the defendant/appellant till 5 P. M. The defendant/appellant did not turn up to execute the sale-deed and, therefore, the plaintiffs/respondents are constrained to institute the civil suit for specific performance of contract, in the alternative the plaintiffs/ respondents have claimed a decree for refund of earnest money along with damages sustained to the plaintiffs/respondents on account of breach of contract by the defendant/appellant.