THE CENTRAL BANK, YEOTMAL LIMITED Vs. VYANKATESH BAPUJI

JUDGEMENT

(1.) THIS is defendant's second appeal from a decree for specific performance.

(2.) ACCORDING to the plaintiff-respondent, there was a contract between him and the appellant Bank for the purchase of half share in field survey 11/1 of Uttarwadhona, belonging to it. The sale deed, however, was not to be executed immediately, but after 25 years. In the mean. while, according to the respondent, the consideration for the sale, Rs. 600 together with interest thereon at 4 1/2 per cent. per annum was to be equated over that period. The field was however, to be cultivated by the respondent and he was to execute a kabuliat in favour of the appellant every year. No date for the commencement of the lease was settled. In spite of these allegations, the respondent claimed that, the appellant be ordered to execute a sale-deed in his favour "as per terms under 25 years scheme for the amount of Rs. 600."

(3.) THE first Court dismissed the respondent's suit but its decision was reversed by the lower appellate Court which passed a decree in the respondent's favour in the following terms: In its place it is decreed that the defendant shall abide by the 25 years' scheme in respect of the field in suit. The plaintiff is not entitled to the execution of: any sale-deed and he should execute a kararnama in favour of the defendant in respect of the field in suit and the installments payable on the line of Ex. D-10.