SUDHAKAR Vs. KRISHNABAI

JUDGEMENT

(1.) This is an appeal byoriginal plaintiffs raising exception to the concurrent judgments recorded by the courts below.

(2.) Plaintiffs instituted Special Civil Suit No.517/1994 claiming specific performance of agreement. Plaintiffs have entered into contract with defendants whereby defendants agreed to sell the suit plot to the plaintiffs alongwith structure erected thereon for consideration of Rs. 1,55,000/- on 14-9-1991. Plaintiffs advanced part of the consideration amount to the tune of Rs. 11,000/ - by cheque. It was decided between plaintiffs and defendants that the document of sale shall be executed on or before 15-10-1991. According to plaintiffs, they repeatedly requested the defendants to execute the sale-deed, however, the defendants failed to act.

(3.) Suit claim was controverted by defendants by filing written statement. According to defendants, they are not the owners and possessors of the suit plot. They further contend that they have informed about the same fact to plaintiffs' advocate by written reply dt. 10-9-1994. They further contend that plaintiffs failed to pay balance of amount within stipulated time. As such, defendants have sold the suit plot to one Kailas Dadarao Bansode by executing sale-deed dt.26-3-1993. Defendants contend that plaintiffs were never ready and willing to perform their part of the contract and as such the suit is liable to be dismissed.