A.S.CHANDURKAR
Khandu Dajiba Kavar (DEAD) Through Legal Heirs – Appellant
Versus
Leela W/o Rangnath Padghan – Respondent
1. Since both these appeals raise a challenge to the common judgment of the appellate Court dated 07.01.2005, they are being decided together by this common judgment.
2. The facts giving rise to the appeals are that the suit property which is field Gat No.127 admeasuring 1 Hectare 45 R with half share in the well situated therein was owned by one Khandu-defendant no.1. According to the plaintiff, said Khandu in February 1987 agreed to sell the aforesaid field to the plaintiff for a consideration of Rs.25,000/-. On 19.02.1987, amount of Rs.24,000/- was paid after which a document was duly executed and the plaintiff was put in possession. The sale-deed was to be executed by 01.12.1987. Since the suit field came within the Koradi Project, it was necessary to obtain the permission of the Competent Authority for its transfer. On 02.04.1988, balance amount of Rs.1,000/- was paid and a fresh document came to be executed. Though the plaintiff had performed her part of the contract, the defendant no.1 did not obtain the necessary permission. As the sale-deed was not executed, the plaintiff made request to the defendant no.1. However, the defendant no.1 along with his wife and son m
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