NAMDEO NIVRUTTI MARANE Vs. VILAS BHIKAJI MARANE

JUDGEMENT

(1.) By this appeal filed under section 100 of the Code of Civil Procedure, 1908, the appellant (original defendant) has impugned the judgment and decree dated 21st February, 2015 passed by the learned District Judge -2, Pune dismissing the Civil Appeal (322 of 2014) filed by the appellant. In the said appeal, the appellant had impugned the judgment and decree dated 31st March, 2011 passed by the 4th Joint Civil Judge, Senior Division, Pune by which the suit filed by the respondent for possession was partly decreed with cost. By the said judgment and decree, the learned trial judge directed the respondent herein to deposit a sum of Rs.1,08,000/- in the Court of Joint Civil Judge, Senior Division and directed the appellant herein to handover the vacant possession of the suit land to the respondent on or before 30th June, 2011. The learned trial judge accordingly granted liberty to the appellant herein to withdraw the said amount if deposited by the respondent.

(2.) By an order dated 27th July, 2016 passed by this court, it was directed that this appeal shall be taken up for final disposal on 3rd August, 2016. This court has accordingly heard the learned counsel appearing for the parties at length for hearing and final disposal of this appeal at the admission stage. Some of the relevant facts for the purpose of deciding this appeal are as under :-

(3.) The respondent and his five sisters are admittedly the co-owners of the suit land bearing Gat No.122 admeasuring 27 Ares situated at Village Marnewadi, Taluka Mulshi, Dist. Pune. On 6th January, 2004, the appellant and the respondent entered into an agreement to sale in respect of the suit property for total consideration of Rs.1,08,000/- i.e. at the rate of Rs.4,000/- per Ares. The respondent handed over possession of the suit land to the appellant. The appellant paid a sum of Rs.98,000/- to the respondent out of the agreed consideration. In the said agreement to sale, it was agreed between the parties that the excess land shall be first measured and the same shall be purchased by the appellant at the rate of Rs.4,000/- per Ares. The respondent accordingly appointed the agencies for taking measurement of suit property.