JUDGMENT - This appeal is filed by the Original Defendants challenging the decree passed by the Joint Civil Judge, Junior Division, Nasik in Regular Civil Suit No.174 of 1984 in favour of the Plaintiff/Respondents and confirmed by the learned 6th Additional District Judge, Nasik while dismissing Regular Civil Appeal No.31 of 1986 filed by the Defendants.

2. Admitted facts are that Original Defendant No.5 Khanderao was owner of the land Survey No.24/12 admeasuring 30 Gunthas situated at Mauje Vihitgaon, Taluka Nashik which is now part of Municipal Corporation, Nashik. Defendant No.5 Khanderao had got the land mutated in the nature of his four sons, who are Defendant Nos.1 to 4. The Plaintiffs, who are brothers interse, filed suit for specific performance of contract against the Defendants. According to them the Defendants had agreed to sell the suit land to them for consideration of Rs.15,000/and amount of Rs.6,000/was paid as earnest money and balance amount was to be paid at the time of executiion of sale deed. Accordingly, an agreement for sale was executed on 17.7.1978. As per terms of the contract the Defendants were to obtain permission for sale under Urban Land Ceiling Act as

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