1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO.721 OF 2007 Smt.Gayabai w/o.Nayaku Mang Appellant vs. 1. Ramchandra Baburao Katte & ors. Respondents Mr.D.S.Patil for the Appellant. CORAM : ANOOP V. MOHTA,J. DATED : 24th April, 2008 P.C. This is an appeal filed by defendant no.1 as by Order dated 10.2.2000 the trial Judge decreed the suit for specific performance and directed the defendants to execute the registered sale deed in question and further to deliver the possession. Against that, the Appellate Court also by the impugned Order dated 20.4.2007 confirmed the same by dismissing the appeal. Both the courts, based on the evidence and material available on record, held that the deceased Nayaku, husband of defendant no.1 and father of defendant nos.2 to 8 agreed to sell the suit field to the plaintiff for consideration of Rs.5000/- and executed agreement of sale on 31.08.1981 by accepting the amount of Rs.2500/- as earnest money; the plaintiff has proved the payment of remaining consideration of Rs.1500/- on 24.5.1982 and Rs.1,000/- on 15.1.1983 and the deceased Nayaku passed receipt to that effect as the plaintiff has demonstrated 2 his case by material to show that he was ready and willing to perform his part of the contract. Therefore, all necessary ingredients have been complied with, the grant of decree by the trial court and as rightly confirmed by the Appellate Court need no interference. 2. There is no perversity in the order. The findings so arrived at is with the frame work of record and the law. The Second Appeal is therefore, dismissed. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]