JUDGMENT :

M.S. JAWALKAR, J.

1. Heard finally learned Counsel for both the parties at the stage of admission.

2. Present appeal is filed by the appellant, being aggrieved by the judgment and decree passed in First Appeal No. 260/2014 by learned Ad-Hoc District Judge-7, Nagpur, on 21/04/2016 and thereby dismissed the appeal with cost.

3. This Court while issuing the notice has framed the following substantial question of law vide order dated 12/09/2018:

“In the light of the evidence on record, whether the discretion to grant the relief of specific performance has been rightly exercised by the Courts?”

4. The case of the plaintiff in brief is as under:

Defendant is owner of agricultural land bearing S. No. 72/1, P.H. No. 4 situated at Mahuli, Tah-Parsheoni, Dist.- Nagpur. Defendant agreed to sell the suit property to the plaintiff for valuable consideration of Rs. 5,51,000/- as per agreement to sell dated 09/10/2005. The sum of Rs. 5000/- was paid by the plaintiff through cheque dated 10/10/2005. Balance consideration amount was to be paid in installment Rs. 1,75,000/- in total was paid to the defendant from time to time against which defendant acknowledged the receipt. Defendant agreed to