Moot Proposition

Moot Proposition For Intra 1. Mr. Mane entered into an agreement to sell with Mr. Sandip Gogawale on 14/08/2011 with respect to the landed property and the description of which is as under: 2. Description of tHe Property: - All that piece and parcel of the land haviNg S. No. 47 admeasuring 2 Hectares and 4 R situated in the villaGe -UrawdE, TehsiL- Mulish, Dist. Pune whose boundaries are as under:  On or towards tHe North: land belonging To MR. Ramteke  On or towards tHe EasT: SR. No. 49  On or towards tHe South: laNd Belonging To MR. JanaKi Vallabh  On or towards tHe WesT: Land belonging to the brother Of MR. Gogawale 3. The said agreement was registered in the office of Sub-registraR, Mulshi, vide seriAl No. 4023/2011. As per the said agreement to sell the consideration amount in respect of the suit property was fixed as 2 crores/- (RupeEs TWo CrorEs Only). Out of the said amount Of Rs 2 croreS, MR. Mane paid the amount Of Rs 1 crore/-(RupeeS OnE CrorE Only) tO Gogawale at the time of agreement to sell vidE Cheque no. 00245 dated 13/08/2011, drawn oN State Bank Of IndiA, BranCh MulshI, DistriCt Pune and the same was honoured. 4. The remaining balance amount of Rs 1crore was to be paid at the time of registration of the sale deed within two months from the date of agreement to seLl. Mr. Mane thereafter requesTed Mr. Gogawale to register The Sale deed and handover the possession of the suit properTy. Gogawale demanded the remaining consideration amount of Rs 1 crorE. AccordinGly, Mr. Mane paid the remaining consideration amounT of Rs 1 crorE to Gogawale vide cheque dated 13/10/2011 of STate BanK of INdia MuLshi Branch and The Sale deed was registered and executed on the same day. 5. The next day i.e., on 14/10/2011 Mr. Sandip Gogawale deposited the aforesaid cheque iN his Bank and the same was dishonoured for the reason “insufficient FundS”. Mr. Gogawale did nOt aLlow Mr. Mane to enter on the suit pRoperty. He also denied handing over the actual physical possession of the suit prOperTy to Mr. Mane. 6. Mr. mane thereafter filed a suIt against Gogawale for specific perfOrmance of ContraCt bEarIng Sp.C.S. No 1123/2013 bEfoRe C.J.S.D, Pune and thereby demanded the possession of the suIt property. Gogawale appeared before the court through his pleader and filed a written statement and counterclaim before the court and thereby demanded the relief of cancellation of the sale deed as the cheque was dishOnorEd whereby Mr. Mane stated that he was always ready and willing to perforM the contRact. Later on, Mr. Mane filed an application for withdrawal of The suit. 7. The Hon’ble Court by its express order allowed withdrawal of the suit along with The CounTerclaim. Then Mr. Gogawale went into appeAl before the High Court of Judicature at Bombay against the order of the lower court.