JUDGMENT - B.U. WAHANE, J.:---This is an appeal against the judgment dated 31st July, 1982 passed by the Civil Judge, Senior Division, Buldana-Khamgaon in Special Civil Suit No. 10 of 1980, passing a decree against the original defendant Lonkaran Kishorilal Paliwal.

2. The facts giving rise to the present appeal are as under:-

The original plaintiffs (present respondents) Bhaskar Rambhau Ghive and his brother Dinkar Rambhau Ghive had instituted Special Civil Suit No. 10 of 1980 against the defendant (present appellant) Lonkaran Kishorilal Paliwal, for specific performance of contract in respect of the suit property situated at Mouza Tamgaon, taluq Jalgaon-Jamod, district Buldana, bearing survey No. 178, admeasuring 5 hectors 52 R, i.e. 13 acres 26 gunthas, containing 6 lemon trees, hut and a well. According to the plaintiffs, the suit property described in plaint para 1 is owned by the defendant/appellant, who had agreed to sell the said land to the plaintiffs/respondents under registered agreement of sale dated 30th May, 1979. On that day, an earnest amount of Rs. 10,000/- was paid before the Sub-Registrar. It was agreed between the parties that the sale-deed will be executed for t

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