02. In short, it is a case of the plaintiff that he runs a General Provision Stores at Ambajogai. The defendant is also resides at Ambajogai. On 19/11/2010, the defendant approached to the plaintiff and stated that he is the owner and possessor of the shop bearing M.C. No. 1-10, measuring 8.08 feet X 74.08 feet, having tin shed with open space bounded as to East- Hotel of Narhari, West- Bombay General Stores, South – Road and North- Road, situated at Mandi Bazar, Ambajogai, Tq. Ambajogai, Dist. Beed. Hereinafter referred to it as “suit shop” for the sake of brevity. The defendant agreed to sell the suit shop to the plaintiff due to his financial difficulties. The plaintiff asked the defendant to produce the documents of the suit shop showing his title, ownership and possession. Thereafter, on 20/11/2010 the defendant along with Kalyanrao Babasaheb Lomte and Shaikh Javed Nasiroddin came towards the plaintiff and shown him the document of the property extract of the suit shop. The plaintiff after verifying the said document come to the conclusion that the defendant is owner and possessor of the suit shop.
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The plaintiff has noticed that there is a civil dispute in respect of the suit shop between the defendant and his cousins. Therefore, it is not possible to complete specific performance of the agreement of sale. Hence, on 24/06/2011 the plaintiff again requested the defendant to repay earnest amount of Rs.5,00,000/- paid by him as earnest money. However, the defendant shown his inability to repay earnest amount. Hence, the plaintiff is constrained to file the present suit against the defendant for recovery of Rs.5,00,000/- with interest. The plaintiff prayed to decree the suit in terms of prayer clause. In the alternate, the plaintiff prayed that if the court comes to conclusion that the defendant is lawful owner and possessor of the suit shop, then the decree of specific performance of contract may be granted in his favour in terms of the agreement of
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The plaintiff has noticed that there is a civil dispute in respect of the suit shop between the defendant and his cousins. Therefore, it is not possible to complete specific performance of the agreement of sale. Hence, on 24/06/2011 the plaintiff again requested the defendant to repay earnest amount of Rs.5,00,000/- paid by him as earnest money. However, the defendant shown his inability to repay earnest amount. Hence, the plaintiff is constrained to file the present suit against the defendant for recovery of Rs.5,00,000/- with interest. The plaintiff prayed to decree the suit in terms of prayer clause. In the alternate, the plaintiff prayed that if the court comes to conclusion that the defendant is lawful owner and possessor of the suit shop, then the decree of specific performance of contract may be granted in his favour in terms of the agreement of