The present second appeal is filed by the appellant challenging the final judgment and order delivered by the Additional District Judge, Nashik in Civil Appeal No.326 of 1995 who allowed the appeal of the respondent arising out of the judgment and order passed by the IXth Joint Civil Judge, Nasik dismissing the suit being Regular Civil Suit No.900 of 1981 filed by the respondent.

2. The present appellant is the original defendant and the respondent is the origmal plaintiff in Regular Civil Suit No.900 of 1981. For the sake of convenience, I am referring the parties as plaintiff and defendant.

FACTUAL MATRIX

3. The facts giving rise to this second appeal arc as under:-

The original plaintiff filed a civil suit for specific performance of a contract dated 19th January. 1966. The case of the plaintiff is that the suit property is an agricultural land of village Samangaon of Gat No.177 admeasuring I Hector 99 R. The suit land is owned by the defendant. The defendant agreed to sell the suit property to the plaintiff for a consideration of Rs. 2,500/- and entered into an agreement dated 19th January. 1966. The defendant accepted Rs. 1,100/- towards the earnest money. It is the