Judgment

DESAI, J.:- This appeal by certificate arises out of Special Civil Suit No. 39/66 filed by the appellant-original plaintiff for specific performance of a contract dated 15th December 1965 for sale of land admeasuring 45 acres 5 gunthas bearing Survey No. 2 situated in Sholapur Mouje Dongaon in Maharashtra State for a consideration of Rs. 42,000/- out a which Rs. 5,000/- were paid as earnest money and a further amount of Rs. 5,000/- was paid on 22nd April 1966 when the period for performance of the contract for sale was extended by six months, which suit was dismissed by the trial Court and the plaintiffs First Appeal No. 117/68 was dismissed by the Bombay High Court.

2. Plaintiff claimed specific performance of a contract dated 15th December 1965 coupled with supplementary agreement dated 26th April 1966 for sale of agricultural land. This suit was resisted by the defendant, inter alia, contending that the land which was the subject-matter of contract was covered by the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (Tenancy Act, for short) and as the intending purchaser, the plaintiff was not an agriculturist within the meaning of the Act S. 63 of the Ten