SONABAI SAHEBRAO PATHRUD Vs. BHAUSAHEB GANPATI GAIKWAD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Mr. Tajane waives service on behalf of the respondent no.1.

(2.) Petitioner/Plaintiff, instituted suit for perpetual injunction on 14th February, 2000 against the respondent no.1/defendant no.1. Counter-claim was filed by the defendant no.1 therein to contend that on 28th February, 1992 by an agreement ('Suit Agreement' for short) plaintiff and her daughters agreed to sell land admeasuring five acres to the defendant for consideration of Rs.22,000/- and in pursuant thereto, possession was handed over to him. Defendant in the Written Statement would contend that pursuant to agreement dated 28th February, 1992, requisite permission was obtained by the plaintiff from Sub-Divisional Officer, Solapur on 26th September, 1992. Defendant would assert his possession in the suit land.

(3.) The learned Trial Court dismissed the suit as well as counter-claim and declined the decree of specific performance of the suit agreement and directed the plaintiff to repay Rs.22,000/-, being earnest money to the defendant no.1.