RUNJA KHANDU GAWARE Vs. MHALSABAI DAGU GADAK

JUDGEMENT

(1.) These two second appeals have been heard together since the facts involved in the appeals are the same. For the sake of convenience, the parties will be referred to as they were before the trial Court i.e. the Civil Judge, Junior Division, Pimpalgaon Baswant in Regular Civil Suit No. 3 of 1978.

(2.) The plaintiff filed a suit for a perpetual injunction contending that there was an agreement of sale dated 10th April, 1974 in her favour executed by the defendant. The suit was filed on 21st January, 1978. The plaintiff then sought an amendment and prayed that the suit be decreed for specific performance of the agreement of sale dated 10th April, 1974. The amendment was allowed and the plaint was amended on 25th January, 1984. The suit property which the plaintiff claims is Gat No. 445 admeasuring 1 Hector, 98-R and which the plaintiff says was sold to her by the defendant for Rs. 6,000/-.

(3.) The defendant filed his written statement and also a counter claim for possession of the suit property.