1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1298 OF 2009 Sou. Suman Nivrutti Kachare & Anr. )..Appellants Vs. Sou. Savita Dasharath Pawar & Anr. )..Respondents ---- Mr.Dilip Bodake for the appellant. Ms.Meena Mistry-Thorat for the respondents. ---- Coram : R.S.MOHITE,J Date : 3rd February, 2010 PC 1 This is a First Appeal filed by the original defendants. Compilation has been filed by enclosing necessary documents and oral evidence and therefore, record is before the Court. The suit of the plaintiffs is for specific performance of an agreement dated 12.1.2006. It is also an admitted position that at the time of execution of the documents, out of the total consideration of Rs.3,00,000/-, an amount of Rs.1,50,000/- has been paid and only Rs. 1,50,000/- remained in balance. Agreement provided that balance amount of Rs. 1,50,000/- would be payable at the time of execution of the sale deed within three months. The record indicates that the present defendants did not call upon the plaintiffs to remain present for execution of the sale deed. The defendants waited for three months to expire without making any offer to sign the sale deed and thereafter sent a notice dated 8.6.2006 informing the plaintiffs that the agreement for sale was canceled and amount of Rs. 2 1,50,000/- was forfeited. The only contention that is raised is that the defendants did not offer to pay the balance amount of Rs.1,50,000/-. In my view, the agreement did not cast any duty on the plaintiffs to offer the balance amount of Rs.1,50,000/-. They were to pay this amount simultaneously with the execution of the sale deed. The defendants however, chose not to call the plaintiffs for execution of this document. If the argument is accepted, then the defendants will get benefit of default and a wrong committed by him. On receipt of the notice, the suit for specific performance was immediately filed by the plaintiffs on 21.7.2006. In these circumstances, First Appeal is dismissed. The Advocate for the appellants states that his client wants to move the higher Court. In the circumstances, the execution of the conveyance through Court may not be effected for a period of six weeks from today. (R.S.MOHITE,J) 3