( 1 ) THE case of the plaintiff-appellant is that the defendant-respondent agreed to sell an acre out of the land purchased by the latter in a revenue sale and executed the agreement produced along with the plaint. That agreement is dated 1-8-1942. It is also alleged in the plaint that in June 1945 there was a panchayathi in which the defendant received Rs. 82/- being the consideration amount for the land which had to be sold, and agreed again to sell the property to him. The defendant admitted that he executed the first agreement but denied the second agreement and also pleaded that the suit is barred by time. It will be noticed that neither the learned Munsif nor the learned Subordinate Judge has found that the second agreement set up by the plaintiff is true. It will also be noticed that while according to the plaint the sum of Rs. 82/- was paid to the defendant, the notice issued toy the plaintiff before the suit was filed, makes it clear that no such money was paid to the defendant. This oral agreement, is said to have taken place on the land itself and as pointed out by the learned Subordinate Judge this is highly improbable. Moreover by the time the agreement came into exist

Click Here to Read the rest of this document