JUDGEMENT
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(1.)Leave granted.
(2.)This appeal is directed against the judgment and order
dated 11.01.2005 passed by the High Court of Judicature at
Bombay in First Appeal No. 743 of 1993 in and by which the
High Court set aside the decree for specific performance
granted by the trial Court and consequently dismissed the suit
of the plaintiffs.
(3.)Brief facts in a nutshell are:
The appellants/plaintiffs in special civil suit No. 320 of 1988
filed the same for specific performance of agreement dated
31.07.1985. According to the plaintiffs, the respondent
herein/defendant is the owner of land Block No. 208 and
Block No. 209 respectively admeasuring Area H. 0.60 R and H.
0.40 R of Village Nagaon in Hatkanangale Tahsil. The
defendant had entered into an agreement for sale of the said
lands to the plaintiffs for a consideration of Rs.85,000/- per
acre. The agreement was reduced into writing and according
to the terms of the agreement, the sale deed was to be
executed by the defendant within a period of six months. It
was agreed that possession of the lands was to be delivered at
the time of execution of sale deed. The defendant has also
undertaken the responsibility of obtaining necessary
permission for sale of the lands, if required. On the date of
execution of the agreement, an amount of Rs.20,000/- was
paid by the plaintiffs to the defendant as earnest money and
balance amount of the consideration was to be paid at the
time of execution of the sale deed. The plaintiffs were always
ready and willing to perform their part of the contract but the
defendant avoided to receive the balance amount of
consideration and neglected to execute the sale deed. The
plaintiffs sent a legal notice on 16.07.1988 to the defendant
through their advocate calling upon him to perform his part of
the obligation under the contract. In spite of the notice, the
defendant did not comply with the requirements which
necessitated the plaintiffs to file the suit for specific
performance or in the alternative refund of earnest money with
interest thereon @ 15% per annum.
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