This Second Appeal arises out of judgment rendered by learned 2nd Extra Assistant Judge, Ahmednagar, in Regular Civil Appeal No. 462/1980, reversing decree rendered by learned Joint Civil Judge (S.D.), for rescission of an agreement of sale dated 11-4-1972 in suit (RCS No. 568/74).

2. Original plaintiff - Damodhar preferred this appeal. His legal representatives have continued the same. Respondent Namdeo was original defendant in the suit before the trial Court. For sake of convenience, I shall refer to the parties by their first names.

3. Indisputably, Damodhar owned 1/3rd share out of field bearing S.No. 1654/2A situated at village Sasewadi. Admittedly, by an agreement of sale dated 11-4-1973 he agreed to alienate the undivided 1/3rd share owned by him to Namdeo for consideration of Rs. 8,000/- (Rupees eight thousand). The terms of agreement were reduced into writing and the agreement was registered. He received amount of Rs. 4,000/- (Rupees four thousand) from Namdeo towards earnest amount. At the relevant time consolidation work under provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, was being implemented in the village. Therefore,