DINU GOVIND KADAM Vs. SHANKAR TATYABA PISAL

JUDGEMENT

(1.) The Second Appeal was admitted on the following Ground taken in the Grounds of Appeal:-

(2.) To state in brief, the appellant deceased Dinu Govinda Kadam, who was defendant in the suit, was admittedly owner of the land Gat No. 878 admeasuring 77 Ares of Village Pimpode Kh. Taluka Koregaon, District Satara. The plaintiffs filed Regular Civil Suit No. 32 of 1979 seeking decree of specific performance of contract contending that the defendant had agreed to sell the suit land to them for consideration of Rs. 6,500/- and had received amount of Rs. 6,000/- as earnest money. The balance amount was to be paid at the time of execution of the sale deed after obtaining necessary permission. Possession was handed over to the plaintiffs on 9-6-1976 itself when the agreement for sale was duly executed. On 6-12-1977, the plaintiff issued a notice to the defendant calling upon him to execute sale deed of the suit land by accepting balance amount as by that time no permission for sale was required. As the defendant failed to perform his part of the contract, the suit was filed. The plaintiffs contended that they were always ready and willing to pay the balance amount of Rs. 500/- and get the sale deed executed.

(3.) The defendant contested the suit denying that there was any agreement for sale. According to him, he had received only amount of Rs. 4,100/- as loan and for security of that loan, the document purporting to be agreement for sale was executed. The document was not to be acted upon.