SHRIKANT GOPALKRUSHNA TARE Vs. VASANT NAGORAO MAHALLEY

JUDGEMENT

(1.) This appeal is preferred by the original plaintiffs who lost in the first appellate Court. The facts giving rise to the appeal are as follows:

(2.) Defendants 1 to 8 filed their Written Statement which is infact a very cryptic written statement. They have denied all adverse allegations. The defendant No. 1 admits receipt of notice from plaintiff dated 13.05.1991. According to defendants the plaintiffs failed to pay revenue tax which was payable and therefore the sale deed could not be executed. It was next contention of the defendants that the suit for injunction as filed by the plaintiffs is not maintainable and plaintiffs should have claimed specific performance of contract.

(3.) Learned Judge of the trial Court found that plaintiffs were entitled to execution of the sale deed in their favour and he directed the defendants to do so. Feeling aggrieved thereby defendants preferred an appeal before the District Judge. Learned District Judge found that suit was not maintainable on two counts. First, that the transaction in suit was a benami transaction and two, the plaintiffs should have claimed specific performance instead of an injunction. Holding so he allowed the appeal and dismissed the suit.