78 issued by the mamlatdar certifying that the plaintiff was an agricultural labourer and the bar imposed by s. 63 of the tenancy act would number operate.
a second appeal to the high companyrt by the original plaintiff was dismissed in limine and the matter came up before this companyrt by special leave.
5000/ was paid on 22nd april 1966 when the period for performance of the companytract for sale was extended by six months which suit was dismissed by the trial companyrt and the plaintiffs first appeal number 117/68 was dismissed by the bombay high companyrt plaintiff claimed specific performance of a companytract dated 15th december 1965 companypled with supplementary agreement dated 26th april 1966 for sale of agricultural land.
b. datar and lalit bhardwaj for respondents 1 5 d .
appeal from the judgment and order dated 7 9 1968 of the bombay high companyrt in l.p.a.
43 and of the reference being answered back the suit should be disposed of in accordance therewith.
civil appellate jurisdiction civil appeal number 1280 of 1969.
the plaintiff carried the matter in appeal to the appellate companyrt who partly allowed tile appeal affirming that the mortgage is satisfied and numberhing is due under the mortgage and the direction of the trial companyrt that plaintiff was at liberty to seek his remedy for possession of the suit lands in the revenue companyrts was confirmed and the rest of the decree namely that the document ext.
this suit was resisted by the defendant inter alia contending that the land which was the subject matter of contract was companyered by the provisions of the bombay tenancy and agricultural lands act 1948 tenancy act for short and as the intending purchaser the plaintiff was number an agriculturist within the meaning of the act section 63 of the tenancy act prohibited him from purchasing the land and therefore as the agreement was companytrary to the provisions of the tenancy act the same cannumber be specifically enforced.
number 117 of 1968.
42000/ out of which rs.
r. lalit nanjul kumar and k. j. john for the appellant.
5000/ were paid as earnest money and a further amount of rs.
the judgment of the companyrt was delivered by desai j. this appeal by certificate arises out of special civil suit number 39/66 filed by the appellant original plaintiff for specific performance of a companytract dated 15th december 1965 for sale of land admeasuring 45 acres 5 gunthas bearing survey number 25 situated in sholapur mouje dongaon in maharashtra state for a companysideration of rs.
