RAMKISAN GANPATRAO SOLANKE Vs. APPARAOEKNATH JADHAV

JUDGEMENT

(1.) HEARD Shri S. A. Dhengale, learned counsel for the appellant and Shri Jadhav, advocate holding for Shri R. T. Deshmukh learned counsel for the respondent.

(2.) SURVEY No. 41/2-A is the disputed property (suit property ). The appellant is the original defendant. Respondent filed Regular Civil Suit no. 199 of 1982 for possession of the suit property on the basis of his title against the appellant. The suit was dismissed. Therefore, the original plaintiff preferred Regular Civil Appeal No. 41 of 1992. The said appeal was allowed and the dismissal of the suit was set aside and Regular Civil Suit no. 199 of 1982 filed in the court of Civil Judge, Junior Division, Kaij was decreed with costs on the basis of the title of the plaintiff. The defendant was ordered to hand over the vacant possession of the suit premises to the plaintiff. Separate inquiry was also ordered under Order XX Rule 12 (C) of Civil Procedure Code for mesne profit.

(3.) SHRI Dhengale, learned counsel for the appellant submits that the lower appellate court erred in law in decreeing the suit. According to him, the defendant entered into an agreement to purchase the suit property for a consideration of Rs. 150/- and the plaintiff put him in possession of the property in part performance of the contract. However, the defendant (Sic plaintiff) failed to perform his part of contract i. e. seeking permission from the Competent Authority to transfer the plot in favour of the defendant. Therefore, he could not execute the sale deed. He placed reliance on Section 53-A of the Transfer of Property Act.