VINAYAKARO MORESHWAR NATU Vs. GYANOBA HARIBA NAVALE

JUDGEMENT

(1.) This is an appeal from the decision of the First Class Subordinate Judge of Poona, in Original Suit No. 56 of 1917.

(2.) Certain lands in the village of Fulgaon originally belonged to one K.B. Dhavle, who, on the 25 June 1910, agreed to sell them to the plaintiff and hia brother defendant No. 4 for Rs. 8,000. Rs. 1,000 were paid as earnest money the balance of Rs. 7,000 was to be paid after a year. A Satekhat was; executed and registered. The contract, however, fell through as the plaintiff was unable to pay the balance within the agreed time. Dhavle then sold the lands to defendants Nos. 1 and 2 and executed in their favour a sale-deed, Exhibit 72, on 1 July 1912. Plaintiff and defendant No. 4 gave their consent relinquishing whatever right they may have had under their contract. The plaintiff, however, alleged that defendant No. 1 orally agreed to sell the lands to him for Rs. 8,000 out of which Rs. 1,500 were paid as part- payment and the balance of Rs. 6,500 was to be paid within five years. Plaintiff sued for specific performance of this agreement. The first defendant denied that any such agreement had been entered into but the learned Judge held the agreement proved and I see no reason for differing from him.

(3.) The terms of the agreement were that (1) plaintiff was to pay the expenses of the sale- deed; (2) plaintiff was to pay at once Rs. 1,500; (3) the balance of Rs. 6,500 was to be repaid within five years; (4) plaintiff was to remain in possession of the lands; (5) plaintiff was to pay the assessment; and(6) plaintiff was to pay interest at nine per cent, on Rs. 6,500. For that interest he passed a rent-note, Exhibit 27, for a term of five years. The evidence was sufficient to prove that the plaintiff paid Rs. 1,500; and the facts that plaintiff remained in possession throughout and that the sum of Rs. 585, the rent payable under the rent-note, was exactly nine percent. On Rs. 6,500 would certainly go very far to substantiate the plaintiff's case.