PRATAPSINGH YELSING RAJPUT Vs. NATHUSINGH DHANSINGH RAJPUT

JUDGEMENT

(1.) This is an appeal preferred by the original plaintiff whose suit for specific performance of contract of sale, bearing Regular Civil Suit No.88 of 1982 was decreed by the learned II Joint Civil Judge Junior Division, Dhule on 19.12.1983, but the said judgment and decree was set aside by the learned District Judge, Dhule while deciding Regular Civil Appeal No.227 of 1984 on 1.12.1987 and the suit came to be dismissed.

(2.) Briefly stated, facts giving rise to this appeal may be stated as follows :

(3.) The respondents filed written statement Exh.19 and denied that Nathusingh had agreed to sell property for consideration of Rs.1,500/- and had received Rs.1,500/- and delivered possession to the plaintiff/appellant in part performance of contract. According to them, Nathusingh was seriously ill for one year prior to his death on 27.3.1975 and was not in a position to move out of his house and had no necessity to sell the property. The house was worth Rs.10,000/-in the year 1974 and, therefore, the suit be dismissed.