The appellant has challenged the judgment and decree passed by first Appellate Court by learned Additional District Judge Khamgaon in Regular Civil Appeal No. 68 /1998 decided on 14.10.1997 whereby the judgment and decree of specific performance in Regular Civil Suit No. 86/1987 decided by learned Civil Judge Junior Division, Khamgaon, on 22.4.1988, was set aside.

2. The respondent (original defendant ) owned a field Gat No. 36 admeasuring 1.20 hectare at village Brahmanwada, Tah. Shegaon Dist. Buldana. On 13.1.1987, he executed an agreement to sell it (Exh.20) to the plaintiff (appellant) for a consideration of Rs. 17,000/- upon receiving earnest money in the sum of Rs. 5,000/-. The parties agreed to execute the sale deed on 31.1.1987. Since the defendant did not execute the sale deed as promised, the plaintiff issued notice dated 24.3.1987 (Exh.21) calling upon defendant to execute sale deed on 31.3.1987; but defendant did not act upon notice though plaintiff was ready and willing to perform his part of contract. Thus, RCS No.86/1987 was instituted for specific performance of contract. The defendant had resisted the suit giving lame excuse that the field was mortgaged