AMOL KISHOR MULE Vs. VISHWANATH RAJARAM SHAHANDE

JUDGEMENT

(1.) THE appellants herein had filed a suit for specific performance. While granting the decree in favour of the appellants, the Trial Court gave a direction in paragraph no. 4 which consisted an interest clause which has aggrieved the plaintiffs. Said order clause in paragraph No. 4 reads as follows :

(2.) THE appellants proceed on admitted fact that the sum ordered to be paid i. e. the sum of Rs. 95,000/- is due and payable by them. They, however, claimed that there is no liability to pay interest. This denial is based on the contents of the agreement to sell. Xerox copy of agreement of sale Exh. 29 is on record. It is seen that it being admitted, original is not insisted.

(3.) ADMITTEDLY, subject matter of suit is a house property. It is on a plot located within the area developed by CIDCO which is a new town authority under the provisions of the Maharashtra Regional and Town Planning act. It is a common ground that whenever any house in occupation duly allotted by CIDCO is sought to be sold, it is to be sold after prior transfer procedure and certain transfer fees and charges etc. being paid to the CIDCO. It could be a matter of covenants between the parties as to who shall pay the same. Admittedly in the present case, the defendants were supposed to pay that amount.