JUDGMENT

PUNCHHI, J.—This appeal is directed against the judgment and decree dated July 29, 1986 by a Division Bench of the Nagpur Bench of the Bombay High Court in Letters Patent Appeal No. 69 of 1983 arising in First Appeal No. 125 of 1982.

2. The appellant herein Deokabai is an aged widow residing in a portion of a house with her daughter and grandchildren. On January 18, 1979 she entered into an agreement to sell that portion of the house in her possession with Uttam, the respondent. The total sale consideration was fixed at Rs 48,000 out of which Rs 5,000 was paid to her as earnest money. The agreement for sale was reduced to writing. It contained an important term to the following effect (as translated by us, the original being in Hindi):

"Before registration of the sale deed of this house in your name, permission of the competent authority, Nagpur, is necessary. Therefore, I shall immediately take steps to obtain the permission. After the date of getting the permission from the competent authority, when I would get another suitable house then I would get the sale deed of this house registered in your name.

3. It appears that on January 19, 1979, the day following the day of the