P.K.TARE, R.J.BHAVE
RAMCHANDRA – Appellant
Versus
MANIKCHAND – Respondent
( 1 ) THIS appeal is by the defendant. The trial Court has passed a decree for specific performance.
( 2 ) THE suit was filed by the plaintiffs (respondents 1 and 2), when they were minors, through their guardian. Smt. Phuli-bai, their mother Smt. Phulibai had entered into an agreement dated 30-9-1961 on behalf of the minors for purchasing house property from the defendant (appellant) for a consideration of rs. 11,000. Bs. 1,000 were paid towards earnest and the rest of the amount was to be paid at the time of the registration of the sale-deed. The sale-deed was to be executed by the defendant by Kar-tik Sudi Poonam. Samvat 2018 (22nd Nov-mber 1961' ). The relevant terms of the agreement were: " (a) The purchaser shall construct a partition wall at his own cost and in the presence and help of the vendor. (b) The door towards the portion of Mangal Chand will be closed by the purchaser on his own cost and in presence of the vendor. (c) The vendor would see that his tenant Hardikar vacates the house by 3-10-1961 and inform the purchser. (d) The vendor shall pay Rs. 200 towards the expenses of the registration and the balance shall be borne by the purchaser. "
The plaintiffs'
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