- (1.) This is a defendant's appeal. The appellant, herein entered into an agreement with the plaintiff-respondent No. 1 on 3-2-1975 for sale of agricultural land being Survey No. 3/3 admeasuring 9 1/4 Gunthas at village Sopara, taluka Vasal, District Thane (Maharashtra) for a sum of Rs. 6,000. 00. It is alleged that a sum of Rs. 2,500. 00 was paid as earnest money. The agreement provided that the appellant shall obtain the permission of the Competent Authority under the provisions of the Bombay prevention of Fragmentation and Consolidation of Holdings Act, 1947 for transfer of the sult lands. It was also agreed that if the permission is not obtained the vendor shall repay the earnest money along with damages. Since the appellant did take obtain the required permission, the plaintiff-respondent sent a notice dated 20-7-1979 whereby he called upon the defendant-appellant to fulfil his part of the contract.
(2.) However, the appellant did not execute the sale deed. It is under such circumstances, the respondent filed a suit for specific performance of the agreement for sale of the property.
(3.) The trial court decreed the suit. The said decree was affirmed by the first appellate court. The second appeal filed by the appellant was dismissed. Against the said judgment of the high Court the appellant has preferred this appeal.;