Smt. Jijabai Giridhar Fulzele v. Sau. Chandraprabha Sanjay Kamble

18 sa 229-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 229/2022 Smt. Jijabai Giridhar Fulzele Vs.

Sau. Chandraprabha Sanjay Kamble - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri Madhur Deo Advocate for appellant CORAM : SMT. M.S. JAWALKAR, J.

DATE : 18/08/2022 The present second appeal is filed being aggrieved by the judgment and decree dated 14/01/2022, passed by learned District Judge - 1, Chandrapur in Regular Civil Appeal No. 111/2014. The present appellant is original defendant. Plaintiff filed suit for specific performance of contract and possession against the defendant. The defendant owned and possessed field bearing Survey No. 110 area admeasuring 0.85 H.R. 2.

The plaintiff entered into an agreement with the defendant for sell of the said property. The said agreement is executed on 07/12/2006. Total consideration was fixed as Rs.95,000/-. Rs.5,000/- paid on 07/12/2006 and remaining balance amount of Rs.90,000/- was to be paid on 30/06/2007 i.e. at the time of execution of sale-deed.

18 sa 229-2022.odt On 29/06/2007, plaintiff and defendant entered into an agreement for extension of time to execute the sale-deed. Accordingly time was extended till 30/12/2007. 3.

On 05/12/2007, plaintiff issued legal notice to the defendant to remain present to execute sale-deed on 28/12/2007 at the Registrar's office. The plaintiff was presented himself on 28/12/2007 at Registrar's office along with Demand Draft of Rs.90,000/-.

4.

Both the Courts below recorded concurrent findings about readiness and willingness of the plaintiff and dismissed the suit as well as appeal. Both the Courts below recorded findings that the defendant executed an agreement to sale in favour of the plaintiff on 07/12/2006.

5.

In view thereof, there is no substantial question of law arise in this matter. Accordingly, the second appeal stands dismissed.

(SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE