SHRIKRISHNA DANUJI SONONE Vs. VITTHAL ALIAS SHANKAR BAJRE

JUDGEMENT

(1.) The appellant has challenged the judgment and decree passed by first Appellate Court by learned Additional District Judge Khamgaon in Regular Civil Appeal No. 68 /1998 decided on 14.10.1997 whereby the judgment and decree of specific performance in Regular Civil Suit No. 86/1987 decided by learned Civil Judge Junior Division, Khamgaon, on 22.4.1988, was set aside.

(2.) The respondent (original defendant ) owned a field Gat No. 36 admeasuring 1.20 hectare at village Brahmanwada, Tah. Shegaon Dist. Buldana. On 13.1.1987, he executed an agreement to sell it (Exh.20) to the plaintiff (appellant) for a consideration of Rs. 17,000/upon receiving earnest money in the sum of Rs. 5,000/. The parties agreed to execute the sale deed on 31.1.1987. Since the defendant did not execute the sale deed as promised, the plaintiff issued notice dated 24.3.1987 (Exh.21) calling upon defendant to execute sale deed on 31.3.1987; but defendant did not act upon notice though plaintiff was ready and willing to perform his part of contract.

(3.) In support of the appeal, learned Advocate for appellant criticized the impugned judgment and order by first Appellate Court denying specific performance that the discretion to grant specific performance of contract was rightly exercised by the trial Court. The first Appellate Court failed to notice that ordinarily specific performance has to be granted unless there are strong equities against the plaintiff to deny him the specific relief of performance of the contract. Considering concurrent findings of facts about readiness and willingness of the plaintiff to perform his part of the suit agreement to execute sale deed, the first Appellate Court appears to have erred in law in setting aside the judgment and decree of the trial Court.