KONDIRAM KRISHNAJI KADAM Vs. RAJARAM BAHIRU PISAL

JUDGEMENT

(1.) This is a second appeal filed by the legal heirs of the original defendant Kondiram Krishnaji Kadam against the dismissal of their regular civil appeal no.191 of 1987 against the decree of specific performance passed by the trial Court in regular civil suit no.111 of 1977 in favour of the plaintiffs.

(2.) Admittedly, the suit land bearing gat no.788 admeasuring 91 R situated at Pimpode Khurd, Taluka: Koregaon, District: Satara is the suit property. It belongs to the original defendant Kondiram. According to the plaintiffs/respondents, the defendant Kondiram had entered into an agreement with them on 8-7-1974 to sell the suit land to them for a consideration of Rs.5,000/-. Out of the consideration amount, he had already received an amount of Rs.1800/- about eight days before the agreement and an amount of Rs.1700/- was received at the time of execution and registration of agreement for sale. The balance amount of Rs.1500/- was to be paid at the time of execution of the sale deed.

(3.) The defendant Kondiram contested the suit by filing written statement Exhibit 12. According to him, there was no agreement for sale of land. He also contended that the suit land is Patil Inam land of Class 6B and it is non transferable and it is re-granted to the defendant on the condition of non-transferability. He contended that therefore, the agreement for sale is not executable in law. He further contended that he had approached the plaintiffs for loan of Rs.3,500/-.