RAMCHANDRA VISHNU SABLE Vs. NARAYAN SHANKARRAO GAME PATIL

JUDGEMENT

(1.) The issue involved in both these appeals is 'whether both the Courts below were justified in awarding an amount of Rs.6,01,000.00along with interest @ 12% p.a. to the plaintiff on account of liquidated damages? Whether both the Courts below have considered 'the parameters prescribed under Ss. 73, 74 of Indian Contract Act while awarding that sum?"

(2.) This amount is awarded by the Court of Civil Judge Senior Division at Malshiras as per judgment dtd. 28/4/2010 passed in Spl. Civil Suit No.46/2004. This was confirmed by the Court of District Judge No.1 Malshiras in RCA No.50/2012 on 14/6/2018. These directions were given in a Suit for grant of damages filed by the purchaser of an agricultural land situated at Village Malkhambi, Tal. Malshiras, Dist.Solapur. This direction was given to Defendant Nos.1 to 3 (who are the legal representatives of one Vishnu Devaba Sabale who was owner/vendor). In pursuance to an agreement dtd. 8/5/2000, said Vishnu could not execute sale deed in favour of Narayan (though executed in favour of one Satyabhama ' mother of Narayan-plaintiff) and that is why Narayan filed a Suit for liquidated damages on the basis of a term in that agreement (to pay double the amount of earnest money of Rs.3.00 lakhs).

(3.) Initially, second appeal No.246/2018 was filed by all the three defendants (through their power of attorney Ramchandra-appellant No.1). Prior to disposal, there was some dispute amongst them and hence appellant No.3 Popat was transposed as respondent No.3. Subsequently, he filed separate Second Appeal No.249/2024.