(1.) THE appellant in this appeal has impugned the judgment and decree passed by the Joint Civil Judge, Senior Division, Solapur in Special Civil Suit No. 46 of 1984. THE FACTS :
(2.) THE facts, which are necessary to appreciate the rival contentions, may be summarised briefly: the appellant was the plaintiff; whereas the respondent was the defendant in the original suit. The parties will be referred to as arrayed in the suit. The plaintiff is a partnership firm registered under the Partnership Act engaged in the business of construction. The plaintiff as a part of its business used to purchase open plots, develop and sell it to the customers.
(3.) THE defendant is the owner of the City Survey No. 8512 with house bearing Municipal House No. 126 situated at Murariji Peth, Solapur. This property contains constructed bungalow known as "chandulal Bungalow". Besides this, there are 26 blocks. Out of that, part of the property was and is in possession of the tenants. The plaintiff entered into an agreement of sale on 6/04/1981 to purchase this property of the defendant so as to use it for their business i. e. to develop and sell the same in the market. The agreement of sale contains various conditions. It provides that the plaintiff shall prepare layout and map of the proposed construction. The plaintiff agreed to construct and provide residential accommodation to the defendant subject to her approval behind the block Nos. 25 and 26 having an area of about 2,000 sq. ft.