SADASHIV RAMCHANDRA ARVE Vs. KASHINATH VIRUPAX HINGMIRE

JUDGEMENT

(1.) By this second appeal filed under section 100 of the Code of Civil Procedure, 1908 the appellant has impugned the order and judgment dated 2nd December, 1992 passed by the Additional District Judge, Sangli dismissing the appeal filed by the appellant (original defendant No. 3). In the Regular Civil Appeal No. 27 of 1986, the appellant had impugned the decree for specific performance passed by the learned Joint Civil Judge, Senior Division, Sangli on 31st October, 1985 in Special Civil Suit No. 26 of 1983 which was filed by the respondent No. 1 (original plaintiff) inter alia praying for specific performance of an agreement dated 1st October, 1974. The suit properties are Gat Nos. 817, 820 and 828 situated within the limits of Village Boragaon, Taluka Tasgaon, District Sangli. There is no dispute that the suit properties belonged to Mr. Ramchandra Hari Arve. The said Mr. Ramchandra Hari Arve had no issue out of the wedlock with defendant No. 2. It was the case of the plaintiff that on or about 1st October, 1974 the said Mr. Ramchandra Hari Arve had agreed to sale the suit properties to the plaintiff for a consideration of Rs. 35,000/- and had executed a registered agreement of sale. The plaintiff had made payment of earnest amount of Rs. 10,000/- to the said Mr. Ramchandra Hari Arve. Under the said agreement, it was agreed that the sale deed was to be executed within one month after receiving permission by Mr. Ramchandra Hari Arve within one month after Mr. Ramchandra Hari Arve after obtaining permission of the concerned authority for sale of the said property.

(2.) Pursuant to the said agreement for sale, the said Mr. Ramchandra Hari Arve applied for appropriate permission to the authority. The notice was issued by the concerned authority pursuant to the said application. Before any permission could be granted for sale in favour of the said Mr. Ramchandra Hari Arve, Mr. Ramchandra Hari Arve expired on 11th October, 1976.

(3.) It was the case of the plaintiff that after demise of the said Mr. Ramchandra Hari Arve, there was dispute about the heir-ship of the said Mr. Ramchandra Hari Arve by and between the defendants. It was the case of the plaintiff that when the plaintiff approached the defendants for obtaining permission of the authority by them, the plaintiff was informed that the dispute of heir-ship between the defendants inter se was pending. The plaintiff accordingly issued a notice on 30th September, 1982 through his advocate inter alia asking for compliance of their obligation from all the defendants. Defendant No. 1 replied that he would execute the sale deed after decision of the suit. Defendant No. 2 informed the plaintiff that he can file a suit. Defendant Nos. 3 and 4 alleged that there was a transaction of mortgage between the plaintiff and the said Mr. Ramchandra Hari Arve and disputed the transaction. The plaintiff accordingly filed a civil suit (Special Civil Suit No. 26 of 1983) before the Joint Civil Judge, Senior Division, Sangli inter alia praying for specific performance.