NAGAPPA SIDRAMAPPA BARBADE Vs. RAMESH MADANLAL LOHE

JUDGEMENT

(1.) APPELLANT is plaintiff in Regular Civil Suit No.695 of 1979 on the file of Second Joint Civil Judge, Junior Division, Solapur. Respondent herein is defendant in the said suit.

(2.) APPELLANT has filed suit for specific performance of agreement dated 6.12.1977. As per appellant's case, open plot bearing sub-plot No.68, Final Plot No.87-B and out of T.P.Scheme No.1 admeasuring 306.6. square meters was agreed to be sold to him for a sum of Rs.20,500/-. On the date of agreement Rs.5,000/- was paid and balance was to be paid at the time of conveyance. Appellant avers that respondent agreed to obtain necessary permission under Urban Land (Ceiling and Regulation) Act, 1976 and after such permission agreed to execute sale-deed and hand over the possession. As per appellant, on 6.2.1978 respondent submitted request application under section 26 of the Urban Land (Ceiling and Regulation) Act to the competent authority for permission. However, within stipulated time no decision was taken. Therefore, there was implied permission. Appellant alleged that respondent was to obtain power of attorney from other legal heirs in order to complete sale transaction. Appellant further alleged that he has raised sufficient funds to execute the sale-deed, he has purchased stamps and he called upon respondent to remain present at the office of Registrar and execute conveyance. As per appellant's case, inspite of appellant's notice dated 1.3.1979 respondent did not attend Registrar's office and gave false reply dated 12.3.1979, thereby, refusing to execute conveyance. By the present suit prayer is made for specific performance, possession and in alternate for refund of earnest money and damages.

(3.) RESPONDENT challenged the decree by way of Regular Civil Appeal No.118 of 1987. Sixth Additional District Judge, Solapur vide judgment and decree dated 27.11.1989 allowed appeal and dismissed appellant's suit.