BAJIRAO RAMCHANDRA SHELAR Vs. VISHNU RUSTUM SHINDE

JUDGEMENT

(1.) By these four appeals filed under section 100 of the Code of Civil Procedure, 1908, the appellants have impugned the common judgment and decree dated 23rd April, 1990 passed by the learned District Judge, Satara in Regular Civil Appeal Nos.348 of 1985, 416 of 1987, 349 of 1985 and 416 of 1987. The aforesaid four appeals were heard together and are being disposed of by a common judgment. Some of the relevant facts for the purpose of deciding these appeals are as under :

(2.) Suit bearing Regular Civil Suit No.92 of 1971 is filed by Suvarna Natya Mandal (hereinafter referred to as the "said Mandal") against Vishnu R. Shinde and the said Bajirao R. Shelar. Vishnu R. Shinde is referred as the "said Shinde" and Bajirao R. Shelar is referred as the "said Shelar". Suit No.320 of 1976 is filed by the said Shinde against said Shelar. Suit No.192 of 1979 is filed by said Shelar against said Shinde and Jaysing Ganu Nalawade. The said Jaysing Ganu Nalawade is hereinafter referred to as the "said Jaysing". It was the case of the said Mandal that the said Shinde was the owner of the suit property viz. CTS No.339, ademasuring 286 sq. mtrs. bounded by National Highway No.4 to North by Municipal Road to East and third person's properties to the West and South. The said Mandal is an unregistered association. It was the case of the said Mandal that the said Shinde agreed to sell the suit property to the said Mandal and entered into an agreement to sell with the said Mandal for selling the suit property for Rs. 4,000/-. The said Mandal paid an earnest money of Rs. 2,000/- under the agreement to sell and agreed to pay the balance amount of Rs. 2,000/- in three years from 25th March 1971 to the said Shinde and then said Shinde should execute the sale deed and deliver possession to the said Mandal.

(3.) It was the case of the said Mandal that in September, 1973, the said Mandal contacted the said Shinde for executing the sale deed on receiving the balance amount, but the said Shinde avoided to perform his part of contract. It was the case of the said Mandal that when the Chairman of the said Mandal verified City Survey Record on 19th September, 1973, he came to know that the said Shelar had purchased the suit property from the said Shinde on 6th September, 1973 for Rs. 5,250/-. The said Mandal thereafter issued a legal notice on 30th October, 1973 to the said Shinde and the said Shelar for executing the sale deed and for delivering possession of the suit property. Neither the said Shinde nor the said Shelar replied to the said notice. It was the case of the said Mandal that the said Shinde informed the said Mandal that he was cheated by the said Shelar. The said Shelar refused to hand over possession of the suit property to the said Mandal.