JUDGMENT :

1. This Second Appeal is filed by the Original Plaintiff/appellant herein, who had filed Regular Civil Suit No.73 of 2007. The Civil Suit came to be dismissed on 28th March, 2010. Regular Civil Appeal No.274 of 2010 was filed by the Original Plaintiff before the District Judge, Wardha. The said appeal is also dismissed on 20.4.2012. Hence, the present appeal is filed by the said Original Plaintiff/appellant against the concurrent findings of both the Courts below.

2. The case of plaintiff/appellant, in short, is that defendant nos. 1 and 2 are owners of field bearing Survey Nos. 171 and 172, total area 3.65 HR. of mouza Wagholi, Tq. Higanghat. Defendant nos. 1 and 2 agreed to sell 1.01 HR land out of said land for a consideration of Rs.91,000/-. Oral agreement to that effect took place on the day of Gudi Padwa of the year 2006. The plaintiff paid earnest amount of Rs.20,000/- to the defendants. The defendants handed over possession of 1.01 HR. land out of Survey Nos. 171 and 172 to the plaintiff. The sale deed was to be executed on 3.11.2006, after payment of balance consideration. The defendants agreed to convert the said land into Class I and thereafter, sale deed was to