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1987 Supreme(Bom) 108

SHARAD MANOHAR
Laxman Pandu Khadke – Appellant
Versus
Pandharinath Purushottam Rane – Respondent


JUDGMENT - SHARAD MANOHAR, J.:---This appeal arises out of the suit filed by the present respondent (hereinafter referred to as the plaintiff) for injunction against the defendant (present appellant) with view to protect his possession in respect of the suit land.

2. Facts are very simple. Admittedly, the suit land belonged to the defendant. By an agreement dated 31-5-1971 the plaintiff agreed to purchase the said land from the defendant for the total sum of Rs. 11,500/-. A sum of Rs. 8,500/- was paid as earnest money and it is now a finding recorded by the lower Appellate Court that the possession of the land was made over by the defendant to the plaintiff by way of part performance of the agreement. The land was agricultural land and one of the terms of the agreement, naturally, was that the permission for sale of the land was to be obtained by the parties from the Collector. It is the case of the plaintiff which is accepted by the Court below that an application was made by the plaintiff to the revenue authorities for the necessary permission for sale of the land. On the date fixed for the consideration of the application, the plaintiff even remained present before the revenue a















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