DAGDU SATVAJI SAKHARE Vs. NARSU AND ORS.

JUDGEMENT

(1.) THE appeal is filed to challenge the judgment and decree of Regular Civil Suit No. 158 of 1980 which was pending in the Court of learned Civil Judge, Senior Division, Shevgaon and also to challenge the judgment and order of Regular Civil Appeal No. 363 of 1985 which was pending in the Court of District Judge, Ahmednagar. The suit filed by the present Respondent Narsu for relief of possession of house property is decided in his favour. Both the sides are heard.

(2.) THE appeal was admitted by this Court, other Honourable Judge, by holding that the substantial questions of law can be formulated on the basis of points mentioned in ground No. III, V and VI. No specific substantial questions of law were formulated and they can be formulated, as under:

(3.) THE defendant admitted in his written statement that there was written agreement and the time of 6 months was fixed. He also admitted that notice was received by him. He has contended that after 6 months he requested the plaintiff to execute the sale deed but plaintiff avoided to execute the sale deed and then gave notice. He has contended that the plaintiff has no right to cancel the agreement of sale and he is still ready to purchase the property. He contended that he was taking steps for filing suit for specific performance of the contract.