HARIDAS HANMANT KADAM Vs. SHANKAR SHRIPATI KADAM

JUDGEMENT

(1.) By way of the present Second Appeal, the original Plaintiff is before this Court challenging the common judgment dated 24 th April, 2015 passed in Regular Civil Appeal Nos.394 of 2000 filed by the original defendant No.1 to 3 and Regular Civil Appeal No.292 of 2002 filed by the original Defendant No.4. The 1st Appellate Court has allowed the Appeals resulting in dismissal of the Special Civil Suit No.46 of 1989 seeking specific performance of agreement for sale deed 23/12/1988.

(2.) As both the Second Appeals arise out of common judgment dtd. 24/4/2015, with consent of the parties the Appeals were heard together and are being disposed of by this common judgment. For sake of convenience, the parties are referred to by their status before the Trial Court.

(3.) Special Civil Suit No.46 of 1989 was instituted seeking specific performance of the agreement for sale dated 23 rd December, 1988 and for direction to Defendant Nos.1 to 3 to hand over possession in event of finding that Plaintiff is not in possession of the suit property. The suit property was described in the plaint as 15 Anna 3 Ps. share admeasuring 1 H 47 Are out of Gat No.151 total admeasuring 1 H 55 Are of village Valse, Tal. Satara. The case of the plaintiff was that the defendant no.1 executed an agreement for sale dated 23 rd December, 1988 with the consent and in presence of the defendant nos.2 and 3 for total consideration of Rs.70,000.00 and also handed over possession of the property to the plaintiffs. Part consideration of Rs.50,000.00 was paid to the defendant no.1 in the presence of the Sub Registrar. The alienation of the suit property was by defendant no.1 in his capacity as "Karta" of the joint family property and for the purpose of buying a new Tractor and for digging of Well. The permission of the Resettlement Officer was necessary for execution of the sale-deed which obligation was accepted by defendant no.1 and it was decided that after permission is obtained within period of six months, the balance of sum of Rs.20,000.00 would be paid and the sale-deed would be executed. Public notice was issued in respect of the transaction on 18/1/1989 to which the Defendant No.1 and Defendant Nos.2 and 3 responded stating that the defendant no.1 has already executed an agreement for sale dated 18 th November, 1987 in favour of the defendant no.4 for a total consideration of Rs.1,40,000.00 and that the possession of the suit land is with the defendant no.1. The plaintiff is ready and willing to pay balance amount of Rs.20,000.00 as per the agreement for sale dtd. 23/12/1988, however, as the defendant nos.1 to 3 have refused to perform their obligations, the present suit has been filed.