JUDGMENT - Mhase S.B., J.:—This appeal is directed against the judgment and decree passed by District Judge, Nagpur in Regular Civil Appeal No. 210/80, confirming the judgment and decree in Reg. Civil Suit No. 433/73 dated 20-2-1978 on the file of 4th Jt. Civil Judge, Jr. Dn. Nagpur. The present appeal is by the original defendants. The respondent is original plaintiff.

2. The respondent filed a suit for enforcement of specific performance of contract dated 6-4-1971, wherein it was agreed by the defendants to sell house constructed on plot No. 91, Kh. Nos. 9/2 and 14/3, Ward No. 8 situated in Vishwakarmanagar within the limits of Nagpur Improvement Trust and Corporation. The agreed price was fixed at Rs. 6,000/- and out of the said amount of consideration, an amount of Rs. 4,000/- was paid before the said agreement was registered in the office of Sub-Registrar, Nagpur. It was further agreed between appellants and respondent that the sale-deed was to be executed on or before 5-4-1972 and the balance amount of Rs. 2,000/- was to be paid at that time. However, respondent stated that the appellants avoided the performance of contract and, therefore, respondent issued notice on 25-2-1973

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