HARIBHA BABU BABAR Vs. APPASAHEB DADU NAGARGOJE

JUDGEMENT

(1.) THE appellants-original defendants in Regular civil Suit No. 211 of 1978 have preferred this appeal against the judgment and order passed by the Court of 3rd Additional District Judge, Sangli in First Appeal no. 438 of 1989 whereby the order passed by the trial Court decreeing the plaintiff 's suit in his favour and directing the defendants to execute the sale deed of the suit land in favour of plaintiff was confirmed and appeal was dismissed with costs. For the sake of convenience hereafter the parties shall be referred to as 'plaintiff' and 'defendants'.

(2.) THE brief facts giving rise to this appeal are as under :-The Suit Land Bearing Block No. 305 situated at village Narwad, Taluka miraj is owned by defendant No. 1. The defendant No. 2 is the wife of defendant no. 1. On 14-4-1976, the defendant No. 1 agreed to sell the land admeasuring 1 H. 48 R. out of the Suit Block No. 305 to plaintiff for Rs. 5280/- and executed an agreement to sale in favour of plaintiff by accepting earnest money of rs. 1525/ -. As per the terms and conditions of the said agreement defendant had agreed to obtain the necessary permission from the concerned authority for the sale of land. It was further agreed that after obtaining such permission, the defendant would inform the plaintiff and then plaintiff should get the sale deed executed within one month from the same. It was further agreed that if at that time any amount is due from the defendant to Land Development Bank then plaintiff should pay the said amount to the Bank and balance amount be paid to the defendant in cash. On the date of execution of the agreement to sale the plaintiff was also put in possession of the suit land. The defendant No. 2 thereafter gave consent to the above agreement and agreed to execute the sale deed as mentioned in the agreement. Thereafter, on 14-6-1976 the plaintiff paid an amount of Rs. 1,200/- to the defendant for clearing the dues of Land development Bank and accordingly, defendant after paying such amount to the bank handed over the receipt of the same to plaintiff. Though, at the time of execution of agreement to Sale there was necessity to obtain permission for sale of land, admittedly, such permission was not necessary thereafter. Hence, on 21-7-1978, plaintiff issued notice to the defendant and called upon him to accept the balance amount and to execute the sale deed as agreed. The defendant gave reply to the same and refused to execute the sale deed. Hence, plaintiff filed suit for specific performance against the defendants on 16-8-1978.

(3.) THE defendants filed their joint Written Statement at Exh-12 and opposed the suit claim on several grounds.