SHOBHA JANARDHAN MASRAM Vs. GANPAT GULABRAO THAKRE

JUDGEMENT

(1.) Heard Shri A.C. Dharmadhikari, the learned Advocate for the petitioner and Shri N.S. Deshpande, the learned Advocate for the respondent.

(2.) The petition is filed by the original plaintiff challenging the judgment and decree passed by the subordinate Court dismissing the claim of the original plaintiff for specific performance of the contract and allowing the counterclaim filed by the original defendant and granting decree in favour of the defendant for possession of the suit field.

(3.) The plaintiff filed the civil suit contending that an agreement to sale the property was executed by the defendant in favour of the plaintiff on 25/11/1994, by which the defendant agreed to sell the suit field to the plaintiff for Rs.50,000/, that the plaintiff had paid Rs.15,000/ to the defendant at the time of the agreement and the plaintiff was put in possession of the suit field. The plaintiff pleaded that according to the agreement, the defendant was required to obtain written permission from the Collector to execute the saledeed and after obtaining the written permission, the saledeed was to be executed by the defendant on receiving the balance amount from the plaintiff. The plaintiff pleaded that the defendant had not applied for the written permission and the plaintiff had issued notices dated 06/01/1996 (Exhibit 42) and 10/11/1997 (Exhibit 40) which were neither replied nor any action was taken by the defendant in the matter. The plaintiff pleaded that the defendant tried to obstruct the possession of the plaintiff on 10/11/1997 and therefore, a complaint was made to the police. The plaintiff pleaded that the defendant along with his wife entered the suit field on 17/05/2006 and attempted to plough it and therefore, the plaintiff was required to file the civil suit praying for the decree for specific performance of the contract, for perpetual injunction and other ancillary reliefs.