BABULAL HARCHAND BELDAR Vs. SITARAM KATHU BORSE (DHOBI)

JUDGEMENT

(1.) The appeal is filed against judgment and decree of Regular Civil Suit No. 77/1986, which was pending in the Court of Civil Judge, Junior Division, Shripur and against the judgment and decree of Regular Civil Appeal No. 151/1996, which was pending in District Court, Dhule. The suit filed by present appellant for relief of specific performance of contract of sale of agricultural land is dismissed by the Courts below. The Appellate Court has given direction to defendant to return back the earnest money, but the plaintiff is held to be liable to pay the mesne profit. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal can be stated as follows :-

(3.) Defendant Sitram had agreed to sell the suit property to plaintiff for the consideration of Rs. 22,000/-. The right to take water from aforesaid well was also to be sold for this consideration. The agreement was made prior to the date of execution of document and the document was executed on 23.1.1979. Part of the consideration, Rs. 5,000/- was already paid by plaintiff to defendant and it was considered in the document dated 23.1.1979. It is the case of plaintiff that till the date of suit, plaintiff had paid the total consideration of Rs. 20,200/-. It is the case of plaintiff that he is illiterate person and in his diary, the defendant has given written acknowledgments, showing that plaintiff had paid the consideration in parts to the defendant.