PARASHRAM VITHOBA Vs. RASHADBEE

JUDGEMENT

(1.) Challenge in this appeal is to judgement rendered by learned Additional District Judge, Ahmednagar, in an appeal (R.C.A.No. 268/1985) whereby and whereunder judgement and decree rendered by learned Civil Judge (J.D.), Shevgaon, in suit (R.C.S. No. 16/1979) came to be reversed.

(2.) The suit was for specific performance of agreement of sale in respect of agricultural field bearing Gat No. 129. Appellant - Parashram is the original plaintiff. There is no dispute about the fact that the suit field was owned by Shaikh Rajmohamad and original defendants No. 4 to 6. They executed two (2) registered agreements of sale, on 23rd July, 1975 and 11th September, 1975. By first agreement of sale dated 23rd July, 1975, they agreed to alienate 4 hectors 93 Rs land out of Gat No. 129 in favour of the appellant for consideration of Rs. 7200/-, alongwith right to draw water. They received an amount of Rs. 5000/- by way of earnest at the material time as per recitals of the said agreement. By the second agreement of sale, dated 11th September, 1975, they agreed to alienate remaining 2 hectors 50 Rs land out of field Gat No. 129, in favour of the appellant. The agreed price was said to be Rs. 5000/- out of which an amount of Rs. 500/- was paid by way of earnest.

(3.) The appellant's case before the Trial Court was that he was inducted into possession of the above referred parcels of the lands at the time of each of the agreement of sale. The deceased - Shaikh Rajmohamad - executed possession receipts in his favour at the time of both the transactions. It was agreed that remaining consideration of Rs. 3934/- would be paid by him at the time of execution of the sale-deed. He was ready and willing to perform his part of the agreement of sale. It was agreed that they would incur equal expenditure for registration of the sale-deed. Somewhere in the month of March/April, 1978, said Rajmohamad died. The original defendants No. 1 to 3 are the legal representatives of deceased Rajmohamad. He requested them and other defendants to execute the sale-deed. He had called them to attend execution of the sale-deed on 12th June, 1978. However, they did not comply his request due to instigation of some villagers. Consequently, he filed suit for specific performance of the agreements of sale.