WAMAN HARIBA BHAPKAR Vs. RAMBHAU JAIWANTRAO GHOGRE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the learned district Judge, Osmanabad, in Regular Civil Appeal No. 29/1979. By allowing the first Appeal, the learned District Judge, Osmanabad, has set aside the judgment and decree passed by the Civil Judge, Junior Division, Kallam, in Regular Civil suit no. 100/1972.

(2.) ORIGINAL plaintiff Rambhau had brought civil action seeking specific performance of agreement of sale in respect of survey no. 98-A, Survey No. 98-A admeasures 4 acres and 19 gunthas. This piece of land is situated at village Ekurka, taluka Kallam, District Osmanabad. Original defendant no, 1 Shamrao is the lawful owner of the suit land. Shara, defendant no. 1, executed agreement of sale in favour of plaintiff Rammbhau and thereby agreed to sell the suit land survey no. 98-A for consideration of Rs. 1500/ -. On the date of execution of the agreement of sale Shamrao, defendant no. 1, received a partial consideration of Rs. 900/- from rammbhau. It was agreed in between them that remaining amount of Rs. 600/-was to be tendered at the time of execution of registered sale deed.

(3.) THE original plaintiff Rambhau has come up with the case that Shamrao, defendant no. 1, was reluctant to execute the sale deed of the suit land. On 30. 7. 1972, rambhau had been to Shamrao and offered him Rs. 600/- and asked him to execute registered sale deed in his favour in pursuance to the terms and conditions of the agreement of sale but defendant no. 1 Shamrao declined to accept remaining consideration and refused to execute a registered sale deed.