HARICHAND MANCHARAM Vs. GOVIND LUXMAN GOKHALE

JUDGEMENT

(1.) The suit which has given rise to this appeal was brought by the plaintiff" in the High Court of Bombay in its Original Civil Jurisdiction for a decree against the defendant for specific performance of a contract entered into on November 28, 1917, for the sale, by the defendant to the plaintiff, of certain immoveable property in Bombay. Two documents in the Gujarati vernacular were prepared on the occasion, one of which was signed by the defendant Harichand Mancharam, the other by the plaintiff, the vendee, Govind Luxman Gokhale. Both bear one and the same date, and are practically in identical terms. The document executed by the defendant is marked in these proceedings as Exhibit "A"; the other, signed by the plaintiff is marked Exhibit "AI" Exhibit "A." after giving the name and designation of the intending purchaser, the plaintiff, and describing the vendor, Harichand Mancharam, proceeds thus: I agree to give you in sale the said immovable property, together with the messuage building (standing thereon), for the price of Rupees two lacs and fifteen thousand.

(2.) It then gives the "conditions" of sale in these terms: The conditions thereof are as follows: 1. The bargain paper in respect of the sale of the said immovable property shall be made through a vakil within two days from this day and at the time of making the bargain paper I am to take from you by way of earnest money in respect thereof Rs 10,00 that is you are to pay the same to me and as regards Rs. 2 lacs and five thousand being the balance you are to pay the game to me at the time of the execution of the sale deed by me and by way of earnest thereof I am to take from you that is to say you are to pay to me Rs. 10 ten thousand at the time of the (execution of the) bargain paper and the balance of Rupees two lacs five thousand is to be paid to me by you at the time when the deed of sale is executed by me. 2. As regards the said Jaga (premises) to be sold suits are pending against me in the High Court. If perchance these suits are decided against me then this bargain shall be treated ay cancelled and if such a thing happens then I am to return to you the Rs. ten thousand without interest received as earnest money by me.

(3.) As to the costs in respect of stamp, registration, vakil, &c., in the matter of the said sale which may be incurred on behalf of both the parties, i.e., you and myself the same shall be totalled up and borne by you and me half and half.