Judgment

S.B. Majmudar, J.-In this appeal by special leave, the appellant-plaintiff has brought in challenge the Judgment and Order rendered by a learned Single Judge of the High Court of Judicature of Bombay at Aurangabad in Second Appeal No. 188-A of 1982. The High Court, by the impugned judgment, has allowed the appeal of respondent-defendant and has dismissed the appellant’s suit. In order to appreciate the grievance of the appellant against the impugned judgment, a few intro­ductory facts are required to be noted at the outset.

Introductory Facts:

2. The appellant had purchased 2 acres and 33 gunthas of agricultural land from Survey No. 23/AA situated at village Shekta in Gevrai Taluka of Beed District in State of Maharashtra from one Degdu in the year 1967. It is his case that as he was in need of money and when the respondent-defendant advanced him Rs. 1,000/-, he got executed a sale deed from the appellant for Survey No. 21/AA of the same village on 29th January, 1973 as a security. After some time, the appellant was in a position to return the said amount with interest to the respond­ent-defendant. Both, therefore, came to Gevrai for re-executing the sale deed in respect o