Since the sale deed was number executed within one month prior to the date of the expiry of 3 years period from the date of agreement on March 13, 1975, the respondent got issued the suit numberice calling upon the appellant to execute the sale deed.
The recital therein and an endorsement on the foot of it is to the effect that a sum of Rs.48,000/ was received as companysideration of sale of the said lands and balance of Rs.2,000/ was required to be paid within one year and sale deed was required to be executed thereon.
The companytention raised by Shri Deshpande, learned companynsel for the appellant, is that the High Court and the trial Court companycurrently disbelieved the agreement purporting to be for alienation of the land but was, in fact, in truth and in reality a money transaction.
But on appeal, the High Court, while rejecting the relief of specific performance, directed payment of a sum of Rs.62,280/ inclusive of the principle sum of Rs.
This appeal by special leave arises from the judgment of the Division Bench of the Bombay High Court, made on July 30,1985 in First Appeal No.
The admitted facts are that the appellant had 22.38 acres of land in Village Gondia.
A document purporting to be an agreement of sale was executed on April 20,1972 for sale of 11.76 acres out of the said land for a companysideration of Rs.50,000/ .
The trial companyrt dismissed the suit.
48,000/ interest accrued thereon and companyt plus 6 future interest on the principal amount of Rs.48,000/ .
On failure thereof, he filed the suit on the last day of the limitation.
On the admitted finding that the respondent.
2,000/ for 3 years and filing the suit on the last date.
Thus, this appeal by special leave.
46/1979.
