GODAVARI BAI Vs. PANDIT

JUDGEMENT

(1.) THIS appeal by defendant is directed against the judgment and decree dated 9-12-1993 passed by the learned District Judge, Khandwa in Civil Suit No. 13-A/1988, decreeing the suit of the plaintiff for specific performance of contract.

(2.) THE plaintiffs/respondents alleged in the plaint that defendant Smt. Godawaribai agreed to sell agricultural land owned by her admeasuring 8 acres bearing Khasra No. 424/2 (old) 177 (new) to them for consideration of Rs. 3 lacs out of this, an amount of Rs. 25,000/- was paid on 8-1-1988 towards earnest money. The sale-deeds were to be executed on or before 30th April, 1988 in favour of each plaintiffs for their portions on receiving the balance consideration of Rs. 2,75,000/-, the same to be paid at the time of the registration of the sale-deeds. It has been further averred by the plaintiffs that in spite of repeated requests, the defendant did not execute the sale-deeds. Ultimately registered notices were sent on 12-4-1988 (Ex. P-8) and 15-4-1988 (Ex. P-9) by which the defendant was called upon to execute the sale-deeds and was informed by the aforesaid notices that she should come to the office of Sub-Registrar, Burhanpur on 30-4-1988, plaintiffs remained present in the office of Sub-Registrar, Burhanpur on 30-4-1988 to get the sale deeds executed in their favour, from 11 a. m. to 5 p. m. but the defendant did not turn up. It was also averred by the plaintiffs that they were and are still ready and willing to pay the balance amount for execution of the sale-deed in their favour. Accordingly, plaintiffs filed the suit and prayed for decree for specific performance of contract.

(3.) IN the written statement the defendant contended that she is not the sole owner of the land. Her son Pandrinath had purchased the land from his own income in her name. There was no necessity to sell the land. It was also averred by the defendant that there was no agreement of sale but the plaintiff No. 2 being known to her had offered to take her land for Banana crop on profit-sharing basis for Rs. 2500/- per acre and for this purpose to prepare the documents she went from Village Khadkod to Burhanpur with plaintiff No. 2. At Burhanpur the plaintiff No. 2 paid her only Rs. 2500/- and got the documents executed from her. On 20th February, 1988 when she came to Village Padalsa she informed her son Pandrinath about the transaction of giving of land on profit-sharing basis to plaintiff No. 2 Subhash. Next day Pandrinath contacted the plaintiff No. 2 subhash and enquired about the said transaction. Plaintiff No. 2 Subhash informed Pandrinath that defendant had agreed to sell her land to plaintiffs and for that purpose the documents have been executed. Pandrinath having come to know that the document is not for giving the land on profit sharing and the plaintiff No. 2 got executed an agreement for sale signed from his mother he sent a notice on 22-2-1988 (Ex. P-7a) to the plaintiff No. 2 alleging therein that the plaintiffs had committed fraud with defendant. The defendant accordingly prayed for dismissal of the suit.