RANGA BAPUJI SHINDE Vs. NIVRUTTI BAPURAO PANDE

JUDGEMENT

(1.) There is no substance in this second appeal filed by the defendant against the judgment and decree passed by the learned District Judge, Pune, dated February 9, 1973.

(2.) It is an admitted fact that the plaintiffs executed a registered sale-deed on February 7, 1956 in respect of Survey No. 27/2, admeasuring 37 gunthas situated at Village Shivandi for a consideration of Rs. 800/-. There was also an agreement of reconveyance between the parties on the same date which is produced on record at Ex. 50. The plaintiffs contended that in view of the agreement of reconveyance they are entitled to a decree for specific performance. The suit is resisted by the defendant contending, inter alia, that the said agreement of reconveyance has been obtained by the plaintiff by practicing fraud on him. The said agreement is unregistered and that he has made some improvements in the land and having regard to the circumstances, the Court should not exercise the discretion to grant a decree for specific performance.

(3.) The trial Court considered the entire evidence and held that no fraud was practiced on the defendant. The agreement at Ex. 50 has been proved and so far as the improvements to the lands to the extent of Rs. 600/-, the claim has been examined. However, it is held that the defendant had used and enjoyed the suit property.