LEELA KRISHNARAO PANSARE Vs. BABASAHEB BHANUDAS ITHAPE
LAWS(SC)-2014-4-19
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
April 07,2014
Leela Krishnarao Pansare
Appellant
VERSUS
Babasaheb Bhanudas Ithape
Respondents
Cited Judgements :-
DURGA PRASAD SHRESTHA VS. SPECIAL SECRETARY, TOURISM DEPARTMENT, GOVERNMENT OF SIKKIM [LAWS(SIK)-2018-2-1] [REFERRED TO]JUDGEMENT
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(1.)Leave granted.
(2.)Being aggrieved by the judgment delivered in First Appeal No. 1138 of 2009 by the Bombay High Court at Aurangabad on 14.1.2010, the appellants have approached this Court by way of this appeal.
(3.)The facts giving rise to the present litigation, in a nutshell, are as under :
The appellants had filed a suit against the present respondents for a declaration to the affect that the agreement to sell entered into between the appellants and the respondents should be cancelled and the appellants should be put in possession of the land in question, which had been agreed to be sold in pursuance of the agreement to sell dated 17.08.1995. Certain undisputed facts in the case are to the effect that the aforesaid agreement to sell had been entered into and in pursuance of the said agreement, possession of the land in question had been handed over to the respondents upon a payment of Rs. 1 lac, which was part of the consideration. The consideration for sale was Rs.10 lacs. The remaining amount of Rs.9 lacs was to be paid in two installments of Rs. 4 lacs and Rs. 5 lacs each. Rupees 4 lacs were to be paid by the respondents by the end of 30.01.1996 and the remaining Rs.5 lacs were to be paid at the time of execution of the sale deed.
It was also agreed that before execution of the sale deed the appellants had to get an entry "Deosthan Inam" removed from the revenue record. The land in question was shown as "Deosthan Inam" and the said entry was to be deleted as it was said on behalf of the appellants that the land in question was not "Deosthan Inam" land and needful was to be done by the appellants for removal of the said entry.
It is also not in dispute that a sum of Rs.1 lac had been paid by the respondents at the time of agreement to sell was entered into and the appellants had not done anything to get entry showing "Deosthan Inam" in respect of the land in question removed from the revenue record.
The suit filed by the appellants had been dismissed on 06.09.2008 and being aggrieved by dismissal of the said suit, First Appeal No. 1138 of 2009 had been filed in the High Court by the present appellants. The said appeal has been dismissed and therefore, this appeal has been filed challenging validity of the judgment delivered in First Appeal No.1138 of 2009.
(2.)Being aggrieved by the judgment delivered in First Appeal No. 1138 of 2009 by the Bombay High Court at Aurangabad on 14.1.2010, the appellants have approached this Court by way of this appeal.
(3.)The facts giving rise to the present litigation, in a nutshell, are as under :
The appellants had filed a suit against the present respondents for a declaration to the affect that the agreement to sell entered into between the appellants and the respondents should be cancelled and the appellants should be put in possession of the land in question, which had been agreed to be sold in pursuance of the agreement to sell dated 17.08.1995. Certain undisputed facts in the case are to the effect that the aforesaid agreement to sell had been entered into and in pursuance of the said agreement, possession of the land in question had been handed over to the respondents upon a payment of Rs. 1 lac, which was part of the consideration. The consideration for sale was Rs.10 lacs. The remaining amount of Rs.9 lacs was to be paid in two installments of Rs. 4 lacs and Rs. 5 lacs each. Rupees 4 lacs were to be paid by the respondents by the end of 30.01.1996 and the remaining Rs.5 lacs were to be paid at the time of execution of the sale deed.
It was also agreed that before execution of the sale deed the appellants had to get an entry "Deosthan Inam" removed from the revenue record. The land in question was shown as "Deosthan Inam" and the said entry was to be deleted as it was said on behalf of the appellants that the land in question was not "Deosthan Inam" land and needful was to be done by the appellants for removal of the said entry.
It is also not in dispute that a sum of Rs.1 lac had been paid by the respondents at the time of agreement to sell was entered into and the appellants had not done anything to get entry showing "Deosthan Inam" in respect of the land in question removed from the revenue record.
The suit filed by the appellants had been dismissed on 06.09.2008 and being aggrieved by dismissal of the said suit, First Appeal No. 1138 of 2009 had been filed in the High Court by the present appellants. The said appeal has been dismissed and therefore, this appeal has been filed challenging validity of the judgment delivered in First Appeal No.1138 of 2009.
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