RAMCHANDRA ANANT NAIK Vs. LAKSHMAN SAMBARAO SADEKAR

JUDGEMENT

(1.) In this case the plaintiff sued for specific performance of the agreements to convey passed by the defendant in respect of two survey Nos., survey No. 121 in the village in Bijrukanchanally and survey No. 34 in the village of Nalawani.

(2.) It appears that the defendant borrowed Rs. 420 from the present plaintiff and purchased survey No. 121 at an auction sale. On September 20, 1922, Rs. 105 were borrowed from the plaintiff and one-fourth of the auction purchase money was paid on September 20, 1922, and on October 3, the defendant borrowed Rs. 315 from the plaintiff and passed a receipt, Exhibit 22, for the sum of Rs. 420, In respect of survey No. 34 the defendant borrowed Rs. 60 from the plaintiff on September 26, 1922, for payment of one-fourth of the purchase money, and on October 9, 1922, he borrowed Rs. 180 from the plaintiff and passed a receipt, Exhibit 14. The present plaintiff brought two suits for specific performance of the two agreements to sell contained in Exhibits 14 and 22.

(3.) The defendant did not appear though summons was served, on him, and the suits were ordered to be proceeded ex parte. On March 17, 1925, the defendant appeared through his pleader and applied for cancellation of the order for ex parte hearing. On April 6 again, defendant applied for time and though time was given him for filing the written statement, he did not put in his written statement nor did he appear in the witness box.