MANOHAR AND ORS. Vs. GOMA AND ORS.

JUDGEMENT

(1.) This appeal filed under Section 100 of the Code of Civil Procedure challenges the judgment passed by the first appellate Court dated 1692010 reversing the judgment passed by the trial Court. Thereby the dismissal of suit for specific performance has been set aside and decree for specific performance of agreement dated 2141988 has been passed.

(2.) The original defendant was the owner of field Survey No.353 situated at mouza Wadag, District Wardha. On 2141988, he entered into an agreement to sell 3 Hectares 24 R land to the original plaintiff - Goma for a consideration of Rs.31,200/. Earnest amount paid was Rs.16,000/ and balance consideration of Rs.15,200/ was to be paid by 2141989. It was agreed that permission of the Collector would be obtained by the defendant within said period and if permission was not received by said period, then within one month from receiving such permission, the sale deed would be executed. The possession of the suit field came to be delivered to said Goma on the same day.

(3.) On 20112000, notice came to be issued by said Goma to the original defendant in which it was stated that he was ready and willing to have the sale deed executed in his favour and hence, the defendant was called upon to execute the sale deed as it was learnt that necessary permission had been obtained. This notice was followed by another notice dated 1732001 again issued to the defendant. As the sale deed was not executed, on 1362001 suit for specific performance of agreement dated 2141988 came to be filed.