VIJAY LAXMIPATI DASARI Vs. SMT.LAXMIBAI RAMAYYA BOLABATTIN

JUDGEMENT

(1.) By this second appeal filed under section 100 of the Code of Civil Procedure, 1908, the appellants have impugned the order and judgment dated 17 th March, 1993 passed by the Additional District Judge, Solapur dismissing the Civil Appeal No.98 of 1990 filed by the appellants (legal heirs and representatives of the original plaintiff). The appellants had impugned the judgment and decree passed by the Special Civil Suit No.106 of 1983 dated 30th September, 1989 passed by the Civil Judge, Senior Division, Solapur dismissing the suit filed by the original plaintiff inter alia praying for specific performance of the agreement of sale dated 1st February, 1983 and in the alternative for refund of the amount paid by the appellants to the defendants. Some of the relevant facts for the purpose of deciding this appeal are as under : -

(2.) For the sake of convenience, the parties described in this appeal are described as they were described in the proceedings before the trial court. The appellants herein were the original plaintiffs whereas the respondents were the original defendants before the trial court.

(3.) On or about 1st February, 1983, the plaintiff entered into an agreement for sale in respect of the structure on the northern portion of F.P.No.20, M.H.No.1561, Daji Peth, C.T.S.No.10429 for a consideration of Rs.40,000/ -. It was the case of the plaintiff that at the time of execution of the said agreement for sale, the plaintiff paid a sum of Rs.15,000/ - as and by way of earnest money and thereafter paid a sum of Rs.4,000/ - on 22nd February 1983, Rs.4,000/ - on 2nd March 1983 and Rs.4,000/ - on 18th April 1983 totalling to Rs.27,000/ - to the defendants. On 11th April, 1983, the parties entered into a supplementary agreement. It is the case of the plaintiff that the defendants handed over the possession of one of the shop premises to the plaintiff on 11th April, 1983 in part performance of the said agreement for sale.