MAHARU Vs. HEMRAJ

JUDGEMENT

(1.) The appeal is filed against the judgment and decree of Regular Civil Appeal No.58 of 1998 which was pending in the Court of the District Judge, Jalgaon. The appeal of the present appellant, plaintiff, filed against the decision of Special Civil Suit No.62 of 1994 which was pending in the Court of the Civil Judge, Senior Division, Amalner, is dismissed by the First Appellate Court. Relief of specific performance of contract is refused to the appellant. Both the sides are heard.

(2.) The suit was filed in respect of agricultural land admeasuring 4 acres which is part of land Gut No.100 which total admeasured at the relevant time, 17 acres and 25 gunthas. The suit portion is the northern portion of Gut No.100/1 and in the agreement it was shown to be separated by East West bandh from remaining portion.

(3.) It is the case of the plaintiff that the defendant is owner of the suit property and he agreed to sell the suit property to the plaintiff under written agreement dated 18-5-1977. It is the case of the plaintiff that the agreed consideration was Rs.30,000/- and on the date of agreement an amount of Rs.17,000/- was paid by the plaintiff to the defendant. It is contended that an amount of Rs.10,000/- was paid before the Sub Registrar and document was registered. It is contended that remaining amount of Rs.3,000/- was to be paid to the defendant on the date of execution sale deed. It is the case of the plaintiff that for execution of sale deed permission was necessary and the defendant was expected to take steps for taking such permission and he was also expected to take steps for division of Gut No.100/1 in the revenue record and sale deed was to be executed within one month thereafter.