1. Heard Shri A.C. Dharmadhikari, the learned Advocate for the petitioner and Shri N.S. Deshpande, the learned Advocate for the respondent.

2. The petition is filed by the original plaintiff challenging the judgment and decree passed by the subordinate Court dismissing the claim of the original plaintiff for specific performance of the contract and allowing the counter-claim filed by the original defendant and granting decree in favour of the defendant for possession of the suit field.

3. The plaintiff filed the civil suit contending that an agreement to sale the property was executed by the defendant in favour of the plaintiff on 25-11-1994, by which the defendant agreed to sell the suit field to the plaintiff for Rs.50,000/-, that the plaintiff had paid Rs.15,000/- to the defendant at the time of the agreement and the plaintiff was put in possession of the suit field. The plaintiff pleaded that according to the agreement, the defendant was required to obtain written permission from the Collector to execute the sale-deed and after obtaining the written permission, the sale-deed was to be executed by the defendant on receiving the balance amount from the plaintiff. The plain