( 1 ) HEARD the learned Counsel for the parties.

( 2 ) THIS Second Appeal is directed against the Judgment and Order dated 30th January, 1989, passed by the learned IInd Additional District Judge, Jalgaon allowing the appeal filed by the respondents, bearing Civil Appeal No. 344/1983.

( 3 ) THE property, bearing Gat No. 21 I/a (old Survey No. 98/1), admeasuring 2 H 30 Rs of village Rohini, Taluka Chalisgaon, Dist. Jalgaon (hereinafter referred to as "the suit property"), originally belonged to one tatyasaheb Parbatrao Deshmukh. By a document dated February 16, 1972, styled as a "conditional Sale-Deed", (Exh-20), he transferred the suit property to karbhari Tanha Bondare for a sum of Rs. 3500/ -. Present respondents are the heirs of the purchase Karbhari Tanha Bondare. The said conditional sale-deed contains a condition that in the event the vendor returned the sum of Rs. 3500/- within a period of three years, the purchaser would reconvey the suit land. Subsequently, by another registered sale-deed, dated January 1, 1980, the original owner Tatyasaheb Parbatrao Deshmukh sold and conveyed the suit property to vasantrao Vinayakrao Deshmukh, the appellant herein. The said sale-