RAMCHANDRA PANDURANG BUWA Vs. MADHUKAR SUBRAV THORBOLE

JUDGEMENT

(1.) This appeal by original defendant challenges the judgment and decree dated 11th June, 1985 of the 6th Additional District Judge, Solapur in Civil Appeal No.678 of 1983.

(2.) Suit is filed by respondent-plaintiff for specific performance of agreement dated 6.5.1970. The trial Court while partly decreeing the suit for specific performance has come to the conclusion that the respondent has proved that the appellant has executed the agreement of sale. On 6th May, 1970 sum of Rs.1000/- was paid as advances, that the respondent proved that he was ready and willing to perform his part of contract and the suit is in time. However, the trial Court dismissed the suit for specific performance on the ground that the agreement is of 1970. Suit is of the year 1979. Therefore the discretion should not be exercised in the respondent's favour.

(3.) In appeal, the appellate Court has come to the conclusion that the discretion exercised by the trial Court while refusing the specific performance is not proper and legal. The appeal Court on appreciation of evidence has come to the conclusion that only because the agreement is of 1970 and suit is of the year 1979 specific performance should not be refused when the other issues are decided in respondent's favour. The appeal Court has further found that the finding recorded by the trial Court on possession is incorrect. The appeal Court has come to the conclusion that the respondent was put in possession of the suit property on the basis of agreement for sale. Thus the appeal court has exercised discretion for specific performance in view of issues being answered in favour of the respondent.