JUDGMENT - G.R. MAJITHIA, J. :---First Appeal No. 180 of 1986, Sambhaji s/o Laxmanrao Pawar v. Abdul Wahed s/o Rahmatulla, is directed against the judgment and decree dated August 28, 1986 passed by Civil Judge, Senior Division, Nanded in Special Suit No. 44 of 1984 decreeing the suit of the plaintiff-respondent for specific performance of agreement to sell dated November 28, 1981, as modified on March 31, 1982 in respect of shop bearing Gram Panchayat No. 398, situated at Naigaon Bazar, District - Nanded.

2. Abdul Wahed Rahmatullah - plaintiff respondent (hereafter referred to as the Vendee) filed a suit for specific performance of agreement to sell dated November 28, 1981 in respect of shop bearing Gram Panchayat No. 398, situated at Naigaon Bazar, District - Nanded against Sambhaji s/o Laxmanrao Pawar - defendant appellant (hereafter referred to as the Vendor) inter alia pleading that the vendor agreed to sell the shop for a consideration of Rs. 1,00,051/-; the sale price was to be paid in two instalments; Rs. 50,000/- was to be paid till January 15, 1982 and the remaining was to be paid at the time of registration of the sale deed, which was to be executed in May, 1982. Rs. 5,00

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