Judgment :-

Swatanter Kumar, J.

Civil Judge, Senior Division, Shrirampur, District Ahmednagar (for short `the Trial Court'), in a suit for specific performance and in the alternative for recovery of Rs. 10,000/-, vide his judgment and decree dated 25th July, 1995 partially decreed the suit of the plaintiff (respondent herein), dismissing her claim for specific performance, ordered refund of earnest money with interest at the rate of 6% per annum pendente lite and future, with proportionate cost.

Against this decree, the respondent filed an appeal before the District Judge, Ahmednagar (hereinafter referred to as `the First Appellate Court'), who, vide his judgment and decree, dated 28th November, 2000, decreed the suit in its entirety. The Court granted decree for specific performance in respect of the land in question and upon grant of permission by the competent authority, as contemplated under Section 12

(c) of the Maharashtra Re-settlement of Project Displaced Persons Act, 1976, (hereinafter referred to as `the Re-settlement Act') and also by the Society, as contemplated under Section 47(2) of the Maharashtra Cooperative Societies Act, 1960, (for short `the Societies Act'), the a