MOHAN Vs. MAHADU

JUDGEMENT

(1.) THIS is a second appeal filed under Section 100 of CP. Code by the plaintiff against the judgment/decree, dated 21-2-1984, passed by learned additional District Judge, Barwani, M. P. , in C. A. No. 1-A of 1983, which in turn arises out of Civil Suit No. 48-A of 1980, decided by Civil Judge, Class II, sendhwa, on 12-11-1982. The appeal was admitted for final hearing on following two substantial questions of law for consideration :-" (1) Whether on facts and circumstances of the case the deposit of Rs. 8,000/- made by the defendant without notice to the plaintiff/appellant can be said to be due compliance and performance of the terms of the contract, wherein time was the essence of the contract ? (2) Whether in view of the facts and circumstances of the case, section 14 of the Limitation Act has been correctly interpreted and applied to the facts of this case ?"

(2.) FACTS in brief that led to filing of this second appeal need mention in brief to appreciate the controversy involved and urged in appeal.

(3.) THE dispute relates to land which formerly had the Khasra no. 60 having an area of 1. 94 acres situated in Village Bhadgaon in Tehsil sendhwa. This land was jointly owned by two brothers- Gobaria and Laxman. These two then partitioned the land resulting in half portion being allotted to gobaria and remaining half to Laxman. There was one Well on this land. The well fell to the share of Gobaria but it was agreed that Well will remain joint. So far as land going in the share of Gobaria was concerned, it was given the khasra No. 60/2 measuring 0. 97 acres whereas the land falling to the share of laxman was concerned, it was allotted Khasra No. 60/1 measuring 0. 97 acres.