1. The appeal is filed against the judgment and decree of Special Civil Suit No.8/2001 (Old Special Civil Suit No.232/1995) which was pending in the Court of the Civil Judge, Senior Division, Ahmedpur, District Latur. The suit filed by the present respondent No.1 for relief of possession of immovable property and mense profit is decided in his favour. Counter claim filed by the appellant, defendant No.1, for specific performance of contract of sale of the same immovable property is dismissed by the trial Court. Both the sides are heard.

2. Municipal House No.9 situated at Ahmedpur having construction of godown of size of 50 x 40 ft and construction of three rooms and also open space surrounding the constriction is the suit property. The size of the plot on which the construction is there is around 8680 square feet (155 x 56 ft). It is the case of the plaintiff-respondent, that the defendant No.1 is in possession of the entire property. It is the case of the plaintiff that he purchased the suit property in auction sale held by the Liquidator of Osmanabad Zilla Audyogik Sewa Sahakari Society Ltd., and the sale deed was executed in his favour on 18-1-1990. He purchased the pr