VIJAY @ HEMANT Vs. RAMESH S/O. RAMAJI

JUDGEMENT

(1.) Heard Mr. S. M. Pande, learned Counsel for the Appellant and Mr. A. V. Bhide, learned Counsel for the Respondents.

(2.) The Appellant is original Plaintiff. The Respondents are original Defendants. The Plaintiff and Defendants have entered into an Agreement of Sale dtd. 7/8/2006 with respect to agricultural land owned by the Defendants bearing Gat Nos. 183/1 and 183/2 total admeasuring 4.87 HR (12 acres) situated at village Rajur, Tahsil Wani, District Yavatmal for consideration of Rs.1,90,000.00 per acre i.e. Rs.4,75,000.00 per hectare approximately. However, for some reason the said Agreement could not fructify in execution of sale deed and thereafter it was decided that instead of entire 4.87 HR (12 acres) land, only half portion of land from the said two Gat Numbers will be sold. For this, a subsequent Agreement came to be executed between the parties on 13/2/2007. In the said Agreement, total sale consideration is reflected as Rs.1,90,000.00 for approximately 2.43 HR land as against Rs.1,90,000.00, which was the agreed sale consideration for one acre of land under the earlier Agreement.

(3.) Realizing this mistake in drafting of the subsequent Agreement, the Defendants issued a notice to the Plaintiff calling upon the Plaintiff to come forward for effecting necessary correction in the subsequent Agreement. This notice was sent by the Defendants to the Plaintiff through their Advocate on 17/2/2007. However, the plaintiff contended that under the subsequent agreement, sale consideration for entire 6 acres land was Rs.1,90,000.00 and denied the contention of the defendants that agreed sale consideration was Rs.1,90,000.00 per acre as was decided earlier. In view of the said dispute, the Plaintiff filed a suit for specific performance of contract being Regular Civil Suit No. 34/2012 (Old Special Civil Suit No. 27/2007).