RAVINDRA VISHWANATH LANDE Vs. DNYANDEO PANDHARI DABHADE

JUDGEMENT

(1.) The present appeal is against the judgment of First Appellate Court in Regular Civil Appeal No. 158 of 1999 by which the judgment of trial Court is set aside and decree of specific performance was granted in favour of the respondent.

(2.) The brief facts giving rise to the present appeal can be summarized as under (The parties shall be referred by their status in the trial Court):

(3.) As per the case of the plaintiff (respondent), the defendant (appellant) failed to execute Sale Deed on 02.04.1997 and, therefore, notice was issued on 02.06.1997 in daily news paper "Desshonnati". Even then, the defendant (appellant) failed to execute the Sale Deed. Therefore, the plaintiff (respondent) filed Special Civil Suit No. 337 of 1997 before Civil Judge Senior Division, Akola (hereinafter referred to as the "trial Court" for the sake of brevity) for specific performance of contract. The defendant (appellant) appeared in the said suit and filed his written statement at Exh. 13. As per the defence of the defendant (appellant), his father was suffering from heart-attack. Therefore, he was in need of money. The plaintiff (respondent) used to do the business of money lending. The defendant (appellant) obtained hand-loan of Rs.20,000/- from the plaintiff (respondent) and towards security, an Agreement of Sale was reduced into writing.