JANGUL PANDURANG Vs. SHAHAJI NARAYANRAO

JUDGEMENT

(1.) These two appeals relate to the same piece of land bearing Gut No. 99, admeasuring 1 Hector 94 R of village Chilwadi, Taluka and Dist. Osmanabad. Appellant and respondents in both the appeals are also the same persons. Hence, both these appeals are decided by this common judgment.

(2.) The facts giving rise to the appeals are common and briefly stated below.

(3.) After consideration of the oral and documentary evidence adduced by the parties, the trial Court held that the appellant had agreed to sell the suit property to the respondents by executing an agreement of sale dated 2nd of August, 1976 and further held that the appellant had also accepted Rs. 5,000/- as an earnest money and had refused to execute the sale deed when called upon to do so by the respondents. The trial Court also held that the respondents had proved that they were in possession of the suit land in pursuance of the agreement of sale. The trial Court rejected the defence of the appellant that the suit transaction was a money lending transaction and that the appellant had never intended to sell the suit property to the respondents. The trial Court further held that respondents had not proved that they were ready and willing to perform their part of the contract and, therefore, dismissed the suit for specific performance and only directed refund of earnest money of Rs. 5,000/-.