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1970 Supreme(Bom) 69

R.R.BHOLE
Namdeo Amrut Gohane – Appellant
Versus
Narayan Shamrao Deshmukh and Anr. – Respondent


JUDGMENT - 1. The defendant has filed this revision application being aggrieved by the judgment passed by the Extra Assistant Judge, Shri Wankhede, in a miscellaneous Civil Application, which was decided by him. He allowed that application of the plaintiffs ordering that the decree should be amended indicating that the decretal amount shall also be a charge on the suit field.

2. The plaintiffs had filed a suit in the year 1963 for recovery of a sum of Rs. 6136 and also for a charge on the suit field for this sum. Their complaint was that they had sold a field to the defendant on 29-10-1958 for Rs. 5500/-. A sum of Rs. 300/- was paid on that day as earnest money by the defendant. Under the agreement, the defendant was to pay the balance consideration by instalments. He was to pay the first instalment of a sum of Rs. 1300/- on 15-2-1960 and to go on paying Rs. 1300/- every year till the last instalment on 15-2-1963. Because he has not paid any instalment, the plaintiffs had filed this suit for the unpaid price of the field. The trial Court dismissed the plaintiffs suit. Therefore, they went in appeal before the District Court, Nagpur.

3. The plaintiffs succeeded in appeal and the lear







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