RAJESH DEORAO MESHRAM Vs. MURLIDHAR NAMDEORAO KHANGAR

JUDGEMENT

(1.) By an order dated 30th June, 2006 this first appeal was directed to be decided at the stage of admission itself and was consequently taken up for final hearing after calling record and proceedings from the trial court.

(2.) The appellant herein filed Special Civil Suit No. 850 of 2003 for specific performance of agreement of sale of 6 hectare and 26 Are of land bearing Survey no. 114 and 0. 95 H bearing Survey No. 115 at village Wagdhara, Tahsil : hingna, District : Nagpur. The property was agreed to be sold by the respondent/ owner to the appellant for a consideration of Rs. 19,60,000/ -. An agreement of sale was executed on 29th April, 2000 at which time a sum of Rs. 3,15,000/- was paid by cheques and the balance consideration was agreed to be paid in 36 equal monthly instalment of Rs. 63,000/- each. Sale deed was agreed to be executed on or before 29th April, 2003. According to the appellant/ plaintiff time was not of essence. The plaintiff gave a schedule of payments made in plaint paragraph 7 which showed that by 30th June, 2002 a sum of Rs. 10,71,000/- had been paid towards the instalments for purchase of the property in question. The plaintiff had been placed in possession of the property at the time of execution of agreement of sale. On 23-3-2001 the defendant executed a sale deed of two acres of land out of Survey No. 114/1 for a sum of Rs. 1,80,000/ -. This was out of land agreed to be sold by the agreement dated 29-4-2000. This amount was to be deducted from the remaining consideration to be paid. There is no dispute between the parties about these facts.

(3.) According to the appellant/plaintiff he repeatedly requested the defendant to complete the formalities and statutory requirements in order to execute sale deed. The defendant told the plaintiff to purchase a stamp paper for getting documents prepared and accordingly the plaintiff claims to have deposited a sum of Rs. 14,500/- towards stamp duty for sale deed of 1. 45 hectares of land out of Survey No. 114/1. He also issued a notice since the defendant failed to execute the sale deed. Reply by the respondent/defendant indicated termination of the agreement on his part. The plaintiff claimed that he had spent a huge amount in development of the land and had created third party interest in favour of about 300 persons to whom plot had been allotted with the consent and knowledge of the defendant. The plaintiff, therefore, sought decree for specific performance of agreement of sale dated 29-4-2000 by defendant upon defendant's receiving a sum of Rs. 8,54,000/- towards balance consideration from him.