DATTATRAYA RAMANNA MANE Vs. BABU NAYAZ PATHAN

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order of the II Additional District Judge, Solapur dated 28.7.1988 which confirms the judgment and order of the trial Court i.e. the Civil Judge, Senior Division, Solapur in Special Civil Suit No. 76 of 1979 dated 13.8.1985.

(2.) The plaintiff i.e. the appellant herein claims that he entered into an agreement with the defendant Nos. 1, 2 and 3, the respondents herein, to purchase their land for consideration of Rs. 27,000/-. According to the plaintiff, he paid an amount of Rs. 20,625/-and an agreement for sale of the land in his favour was executed by the defendants on 16.1.1978. The plaintiff claims that on the next date, he paid a further sum of Rs. 1375/ - to the defendants which they have acknowledged and on 6.7.1978 another sum of Rs. 1,000/-. According to the plaintiff, he paid an amount of Rs. 23,000/- out of total consideration of Rs. 27,000/- to the defendants. The plaintiff claims that despite his request from time to time to the defendants to execute the conveyance, the defendants failed to do so. The plaintiff, therefore, filed special Civil Suit No. 76 of 1979 before the Civil Judge, Senior Division, Solapur on 13.7.1979 seeking specific performance of the agreements of sale with the consequential relief of compensation. In the alternative, the plaintiff claimed a refund of the earnest money with interest from the defendants. The plaintiff pleaded in the plaint that he was always ready and willing to perform his part of the contract but since the defendants had avoided completion of the transaction he was constrained to file a suit.

(3.) The defendants filed their written statement contending that the plaintiff was a moneylender and had taken undue advantage of their illiteracy. The defendants contended that since they were in need of money, they had sought loans from the plaintiff. While borrowing the money, the defendants' land was used as a security for return of the loan.