JUDGMENT :

Manish Pitale, J.

1. By this common judgment two second appeals are being disposed of, which arise out of common set of facts.

2. The learned counsel appearing for the rival parties were heard on four substantial questions of law recorded in order dated 09/10/2019. Although the said order is recorded in Second Appeal No. 241/2019, the said questions have arisen in Second Appeal No. 253/2019 also and the learned counsel were heard on these questions pertaining to both the appeals.

3. The facts leading up the filing of the second appeals are that one Ramesh Krushnarao Deshmukh entered into an agreement with one Amartya s/o. Surendra Deshmukh through his grand-father Haribhau on 11/11/2010 for sale of agricultural land at field survey No. 49/3, admeasuring 2 H 06 R, located at Mouza Dastarpur Tah. Bhatkuli Dist. Amravati, for total consideration of Rs. 22,50,000/-. On the same day, an amount of Rs. 2,00,000/- was paid to the said Ramesh. On 09.12.2010, an amount of Rs. 2,20,000/- was paid and sale deed in respect of 1 H 21 R was to be executed on or before 30/6/2011. Sale deed was executed in respect of 1 H 21 R portion of the said field upon receiving further consideration of