Agreement for sale of land - Recital in agreement as regards delivery of possession and paymentof part of consideration - Defendant-owner admitting execution of agreement - Plaintiff is entitled to the relief of temporary injunction.

AIR 1983 BOMBAY 413

BOMBAY HIGH COURT

(AURANGABAD BENCH)

S. J. DESHPANDE , J.

A.F.O. No.7-A of 1982, D/- 19 - 11 - 1982

Venkat Dharmaji Gontalwar Appellants v. Vishwanath and another Respondents

Civil P.C. (5 of 1908), S.151, S.94, O.39 R.1, O.39 R.2 - Transfer of Property Act (4 of

1882), S.53A - Suit seeking specific performance of agreement of sale - Temporary injunction

Agreement for sale of land - Recital in agreement as regards delivery of possession and payment

of part of consideration - Defendant-owner admitting execution of agreement - Plaintiff is

entitled to the relief of temporary injunction.

Whether it can be held that possession is delivered to a party relying on recital of agreement of sale

 I am at present inclined to take the view that the agreement of sale is on a stamp-paper and this agreement is specifically admitted by the Defendant to the extent of execution. In view of the admission of the Respondent No. 1 at this stage it would improper to infer that prima facie the recitals in the agreement are not true. It would be open for the Plaintiff to support his case of delivery of possession by substantive evidence at the trial. It would also be open for the Defendant to dispute the claim of possession if he so chooses. At present I think that here is a plaintiff who has paid Rs. 20,000/- to the Defendant and obtained the agreement of sale in regard to an agricultural land. There is a reference in the allegations made by the Plaintiff to certain improvements made by him. I also find that in pursuance of this agreement of sale, though it is not clear from the Judgment, that an entry in 7/12 Extract was also carried out. It must be assumed that if agreement was executed in March, 1980 and an entry came to be carried out immediately thereafter this entry for the purposes of interim relief is sufficient to infer that the Plaintiff must have obtained possession under the agreement of sale. These observations are made without prejudice to the final adjudication of question of delivery of possession at the trial.

Citation : AIR 1983 Bom 413

IN THE HIGH COURT OF BOMBAY AT AURANGABAD

A.F. Os. No. 7-A of 1982

Decided On: 19.11.1982

Venkat Dharmaji Gontalwar
Vs.
Vishwanath and Anr.

Hon'ble Judges/Coram:
S.J. Deshpande, J.