ANUSUYABAI SHANKAR GAURKAR Vs. SUDHAKAR SHIORAM CHUDRI

JUDGEMENT

(1.) Heard Mr. Rohit Joshi, the learned counsel for the appellants.

(2.) The submission before this Court by the learned counsel for the appellants is that in view of the admissions given by the plaintiffs' witnesses, original defendant- Shankar is not the exclusive and sole owner of the suit property, which he agreed to transfer in favour of the original plaintiffs. He, therefore, submitted that the learned Judge of the Appellate Court ought not to have granted decree of specific performance of contract and ought to have confirmed the judgment and decree passed by the learned Judge of the trial Court regarding refund of earnest money.

(3.) The appellants are legal representatives of original defendant late Shankar Gaurkar. Undisputely, Shankar Gaurkar executed an agreement of sale in favour of the plaintiffs on 03.3.1999 (Exh.36) and agreed to alienate his title in favour of the plaintiffs for a valuable consideration of Rs.45,000/-. One of the covenants in the said agreement was that prior to the execution of the sale deed, permission from the Collector was required to be obtained.