HARI KASHIRAM SONAWANE Vs. VASUDEO HIMAN KOTIL

JUDGEMENT

(1.) Heard learned Counsel for the appellants.

(2.) The judgment and decree directing the defendant to execute sale-deed in favour of plaintiff (respondent) is under challenge in second Appeal.

(3.) The facts of the case are : The defendant and his brother Gangaram has agreed to se-11 2 acres 4 gunthas land for total consideration of Rs. 11,000/ - and plaintiff paid an amount of Rs. 8,000/- and he received possession on the next day of Registered agreement of sale (Exh. 83). After 4 years, the plaintiff again paid Rs. 500/- under a receipt (Exhibit-89) to the defendant on 10.3.1977. It was agreed, the defendant to execute sale-deed in respect of suit land after he had obtained permission from Collector. The application for Collector's permission remained with plaintiff, since it was not submitted any time. It is alleged, the defendant was avoiding to obtain the permission. The plaintiff asked defendant and his brother by notice dated 30.11.1979 to execute the sale-deed.