GAJANAN NARAYAN PATKAR Vs. JIVANGIRI CHAMELGIRI

JUDGEMENT

(1.) The plaintiff sued for specific performance of a contract for the sale of certain immoveable properties by the defendants on their passing a sale deed to him, and for possession.

(2.) The document on which the plaintiff sued is Exhibit No. 30 and is dated March 17, 1897. It is addressed to four persona, Govindgiri, Pitambargiri, Chumelgiri and Harigiri, the four chelas of Guru Daulatgiri. It runs as follows :- On March 2, 1807, we have jointly purchased from you the property. After having got registered an arbitration award amongst ourselves about that property and after you have paid off all your personal debts due to us, every one of us will, to the extent of his own rights separately pass to every one of you a separate agreement to sell one-fourth portion of the property purchased from you, the period for the said agreement being one of twenty -one years. When every one of you pays, after 21 years, his one-fourth share of the amount according to the agreement of sale, every one of us will pass to every one of yon a separate sale deed at your expense. The same will be passed either to you or to your legal heirs or to the executors of your will.

(3.) Then there are detailed the shares which the purchasers under the document referred to in this Exhibit should take, and for which they were to pass sale-deeds to the various chelas as stated therein.