DAMODHAR NAMDEO SASE Vs. NAMDEO BABURAO SASE

JUDGEMENT

(1.) This Second Appeal arises out of judgment rendered by learned 2nd Extra Assistant Judge, Ahmednagar, in Regular Civil Appeal No.462/1980, reversing decree rendered by learned Joint Civil Judge (S.D.), for rescission of an agreement of sale dated 11.4.1972 in suit (RCS No.568/74).

(2.) Original plaintiff - Damodhar preferred this appeal. His legal representatives have continued the same. Respondent Namdeo was original defendant in the suit before the trial Court. For sake of convenience, I shall refer to the parties by their first names.

(3.) Indisputably, Damodhar owned 1/3rd share out of field bearing S.No.1654/2A situated at village Sasewadi. Admittedly, by an agreement of sale dated 11.4.1973 he agreed to alienate the undivided 1/3rd share owned by him to Namdeo for consideration of Rs.8,000/-(Rupees eight thousand). The terms of agreement were reduced into writing and the agreement was registered. He received amount of Rs.4,000/( Rupees four thousand) from Namdeo towards earnest amount. At the relevant time consolidation work under provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, was being implemented in the village. Therefore, sale permission was required for the transfer of the undivided share in the suit land. The parties agreed that necessary sale permission would be obtained from the competent Consolidation Officer. It was also agreed that Namdeo shall pay balance consideration amount within eight (8) days after receipt of the sale permission and the transaction shall be completed. It is an admitted fact that Namdeo was inducted into actual possession of the suit land in pursuance to the terms of the agreement.