ASUDANAL LAXMANDAS SINDHI Vs. KISANRAO WAMANRAO DHARMALE

JUDGEMENT

(1.) NONE appears on behalf of the respondents though served. Notice before admission was issued on 17-9-1990. This notice was served on the respondent Nos. 1 to 7. Thereafter, the matter was admitted on 10-4-1991. Notice on merits was served on the respondents and legal heirs of respondent No. 3 on 10-7-1992. Further all respondents have been served again on 10-4-2000. This is an old matter of 1990. The original suit was filed in the year 1978, in this view of the matter, the matter is heard finally.

(2.) THIS is a second appeal filed by the appellant, who is the original plaintiff, challenging the judgment and order of the Second Additional District judge, Amravati, who set aside the judgment and decree passed by the Second Joint Civil Judge, Junior Division, Daryapur.

(3.) BRIEF facts are as follows: the original plaintiff filed a Regular Civil Suit No. 126 of 1978 for specific performance of contract or in the alternative for refund of earnest money with damages. It was the case of the original plaintiff that the defendant wamanrao s/o Anyaji Dharmale entered into an agreement of sale of suit survey No. 49/2 admeasuring 2 acres, 34 gunthas of village Thillory, Taluka daryapur, District Amravati for a total consideration of Rs. 4,500/ -. This agreement was reduced into writing on 23/10/1975 and the plaintiff paid an amount of Rs. 1,500/- towards earnest money to the defendant wamanrao. It was the case of the plaintiff that the sale deed was to be executed on or before 15/04/1976. The plaintiffs contention was that he was always ready and willing to perform his part of the contract. However, the original defendant avoided to execute the sale deed and hence notice dated 21/06/1977 was served on the defendant for compliance of the contractual liability. Hence the plaintiff filed the present suit on 26/10/1978.