By this second appeal filed under Section 100 of the Code of Civil Procedure, 1908, the appellant (original plaintiff) has impugned the order and judgment dated 1st August 2015 passed by the learned District Judge-2, Niphad, Nashik dismissing the Regular Civil Appeal No.82 of 2012 filed by the appellant. The appellant had impugned the judgment and decree dated 15th September 2009 passed by the Civil Judge, Senior Division, Niphad, Nashik in Special Civil Suit No.54 of 2002 filed by the appellant inter alia praying for specific performance of the agreements dated 15th August 1990 and 15th November 1999 in respect of the suit property i.e. land bearing Gat No.2509 situated at village Ozar, Tal.Naiphad, Dist.Nashik (Hereinafter referred to as the Suit Property). The parties are described in later part of the judgment as they were described in the proceedings before the trial Court.

2. Both the parties have agreed that the facts in both the matters are identical. I am summarizing the facts in Second Appeal No.29 of 2016.

3. It was the case of the plaintiff that the plaintiff was the owner and in possession of the land bearing Gat Nos.2610, 2612 and 2614 which were adjoining to