PEERAJI LIMBAJI AGAWANE Vs. HARIBA NANA BHINGE

JUDGEMENT

(1.) The appeal is filed against judgment and decree of Regular Civil Appeal No. 191/1984 which was pending in the Court of Additional District Judge, Latur. The appeal of the present respondent against the judgment and decree of Regular Civil Suit No. 157/1979 decided by Joint Civil Judge, Junior Division, Latur is decided in favour of the respondent. The relief of specific performance of contract and permanent injunction are granted to the respondent by the First Appellate Court. Both the sides are heard.

(2.) The respondent (plaintiff) had filed suit in respect of agricultural land bearing Gat (Block) No. 141 and 153 situated at Ankoli, Tahsil and District Latur. The area of first land is 5 Acres 35 Gunta and area of second land is 4 Acres 10 Gunta. It is the case of plaintiff that defendant - Peeraji was in need of money and so, he agreed to sell the suit property to plaintiff for consideration of Rs. 12,500/-. It is contended that on 25.12.1978 the agreement was written and it was scribed by daughter of defendant. It is contended that on the same day, the amount of Rs. 1,000/- was given as earnest money by the defendant to the plaintiff and the possession of land was given to the plaintiff under the agreement.

(3.) It is the case of plaintiff that he was ready and willing to perform his part of contract and he requested many times to defendant to accept the balance consideration and to execute the sale deed. It is contended that the defendant avoided to execute the sale deed and lastly he denied the contract itself on 25.3.1979. The suit came to be filed on 29.3.1979.