ASHOK Vs. MAINABAI

JUDGEMENT

(1.) Heard.

(2.) The present appeal is filed being aggrieved by the judgment and decree passed by District Judge-5, Amravati in Regular Civil Appeal No. 22/2014 decided on 08/08/2019 arising out of judgment and decree passed by Civil Judge Junior Division, Dhamangaon Railway in Regular Civil Suit No. 11/2012 decided on 17/06/2012. The learned District Judge, Amravati remanded back the matter to the Trial Court.

(3.) The facts in the present case is that the deceased Daulatrao Shirpurkar agreed to sell the suit field to plaintiff at the rate of Rs.25,000.00 per acre on 06/06/2001, on which date the plaintiff paid Rs.1,00,000.00 to Daulatrao towards part payment of the sale consideration amount. The sale deed was agreed to be executed within one month from the date of grant of permission of sale of the suit field by competent authority. Deceased Daulatrao was required to obtained permission from the competent authority and after obtaining permission, he was to inform the plaintiff so as to enable him to get sale deed executed within one month from the date of such intimation. Deceased Daulatrao delivered the vacant possession of the suit field on the date of agreement of sale. Before obtaining permission of sale from the competent authority, Daulatrao expired on 04/12/2004.