BABAN BABURAO BORATE Vs. DIGAMBAR GANPAT ALHAT

JUDGEMENT

(1.) THE plaintiff had filed Special Civil Suit No.459 of 1980 for specific performance of the contract dated 20-11-1979 against the defendant no.1 - as principle relief and also prayed for other consequential reliefs. The facts narrated by the plaintiff in the plaint can be summarized as under :

(2.) THE plaintiff has alleged in the suit that the agreement for sale came to be executed by the defendant no.1 on 20-11-1979 in favour of the plaintiff and an amount of Rs.15,000/- is paid by the plaintiff on the same day to the defendant no.1 on account of earnest money. The plaintiff also claims that possession of the suit property was delivered on the same day to the plaintiff by the defendant no.1. The plaintiff further states in the suit that the defendant no.1 did not execute the sale deed of the suit property nor complied with the contract of the sale dated 20-11-1979 and therefore the plaintiff has served a notice through Advocate dated 18-10-1980 to the defendant no.1. The grievance of the plaintiff is that despite the said notice, defendant no.1 did not execute the sale deed and plaintiff came to know that on March 7th, 1980 the defendant no.1 sold the suit property in favour of the defendant no.2 by registered Sale deed. In these facts the plaintiff chose to seek main relief of specific performance of the contract dated 20-11-1979 only against the defendant no.1. In para 78 of the plaint, the plaintiff sought relief of cancellation of the sale deed executed by the defendant no.1 in favour of the defendant no.2 and thereafter has also claimed a decree for refund of earnest money along with interest and an amount of Rs.7,000/- by way of damages towards the breach of contract.

(3.) THE learned Civil Judge, Senior Division, considering the rival pleadings of the parties, framed the issues. The learned Judge of the trial Court after recording evidence, was pleased to dismiss the suit with costs by the judgment and decree dated 31-3-1984.