GOPIKABAI Vs. DILIP

JUDGEMENT

(1.) The appellant brought suit for declaration, specific performance and permanent injunction against the respondents qua agreement of sale dated 15-1-2005, the subject matter of which is agricultural land admeasuring 0.50 hectare forming part of land admeasuring 1.00 hectare situated at village Tarodi, P.H. 54.

(2.) The trial Court decreed the suit by judgment and decree dated 01-10-2009, which is reversed by the District Judge-12, Nagpur by allowing Regular Civil Appeal 531/2009. Being aggrieved, the plaintiff is in appeal under Section 100 of the Civil Procedure Code. The parties shall be referred to by their status in the trial Court.

(3.) The plaintiff contended that defendant 1 agreed to sell the suit property admeasuring 0.50 hectare vide agreement dated 15-1-2005. The consideration agreed was Rs.40,000/- per acre and the plaintiff paid Rs.40,000/- to defendant 1 at the time of agreement. The plaintiff contended that the possession of the suit property was handed over to the plaintiff at the time of the suit agreement and subsequently in March, 2005 the plaintiff paid the balance consideration of Rs.10,000/- and Rs.3,000/- towards expenses. The plaintiff further contended that defendant 1 executed sale-deed of the entire land admeasuring 1.00 hectare in favour of defendant 2, including the land admeasuring 0.50 hectare which is the subject matter of the suit. These are the basic facts on the basis of which the plaintiff sought a decree of specific performance and a declaration that the sale-deed executed by defendant 1 in favour of defendant 2 is null and void to the extent of the land covered by the suit agreement.