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1999 Supreme(SC) 1306

B.N.KIRPAL, N.S.HEGDE
Dadarao – Appellant
Versus
Ramrao – Respondent


ORDER

One Balwantrao Ganpatrao Pande owned three acres of agricultural land and had entered into an agreement dated 24th April, 1969 with one Tukaram Devsarkar. Appellant No. 1 herein is one of the heirs of Balwantrao Ganpatrao Pande while the respondents herein are the successors-in-interest of Tukaram Devsarkar.

2. The said agreement, with which we are concerned in the present case, was in the following terms :

"Tukaram Devsarkar aged about 65, Agriculturist R/o Devsar, Purchaser, (Ghenar) - Balwantrao Ganpatrao Pande aged 76 years r/o Dijadi Post Devsar, Vendor (Denar), who hereby give in writing that a paddy field situated at Dighadi Mouja, Survey No. 7/2 admeasuring 3 acres belonging to me hereby agree to sell to you for Rs. 2,000/- and agree to receive Rs. 1,000/- from you in presence of V.D.N. Sane. A sale deed shall be made by me at my cost by 15-4.1972. In case the sale deed is not made to you or if you refuse to accept, in addition of earnest money an amount of Rs. 500/- shall be given or taken and no sale deed will be executed. The possession of the property has been agreed to be delivered at the time of purchase. This agreement is binding on the legal heirs and successors













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