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1987 Supreme(Bom) 213

SHARAD MANOHAR
Dagadu Bapu Shinde – Appellant
Versus
Vasant Shankar Nimbalkar – Respondent


JUDGMENT - SHARAD MANOHAR, J.:---This second Appeal has got to be allowed on the two narrow grounds that---

(a) The learned Judge has dismissed the plaintiff's application for quite a formal amendment when the defendant had specifically agreed to the amendment subject to the payment of costs; and

(b) on merits and evidence the defendant had not a leg to stand upon.

2. The facts are very simple.

The suit land admittedly belonged to the plaintiff, who entered into an Agreement for Sale of same to the defendant on 29-11-1980. According to him, he was in need of a sum of Rs. 800/-. Hence, he executed a deed of sale of the suit land (Gate No. 815 old Survey No. 308) at village Tathavade, Taluka Phaltan, admeasuring 6 acres 18 Gunthas for the said sum of Rs. 800/- in favour of the defendant. On the same date, an Agreement of re-conveyance executed by the defendant in favour of the plaintiff agreeing to re-convey the said land to the plaintiff upon the plaintiff repaying the said amount of Rs. 800/- within a period of 5 years. According to the plaintiff, within the said period of 5 years, he called upon the defendant to take back his amount of Rs. 800/- and to execute a reconveyance in his f


























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