JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.-

Leave was granted on 22.9.2011.

2. This appeal has been preferred by the appellant-plaintiff against the judgment and order dated 6th March, 2007 passed by the learned Single Judge of the High Court of Judicature of Mumbai, Nagpur Bench in Second Appeal No.198 of 2006, whereby the judgment and decree passed by the District Court, Pandharkawada (Kelapur) in Regular Civil Appeal No.129 of 2002 came to be confirmed.

3. The first appellate court by the aforesaid judgment and decree reversed the judgment and decree dated 23rd September, 1998 and 3rd October, 1998 in Special Civil Suit No.175 of 1997 which was preferred by the appellant-plaintiff for specific performance.

4. The suit in question was filed by the appellant against the respondent for specific performance of agreement for sale dated 18th April, 1996 in respect of agricultural land admeasuring 1 H. 61Are. at a price of Rs.51,000/-. It was the case of the appellant that he had paid the earnest money of Rs.39,000/- while the balance amount was to be paid on the date of execution of the sale deed which was fixed for 18th March, 2007, but despite the appellant being present for the p