Mr. Justice M.S. Rane, President—This matter was moved before us on behalf of the appellant for admission hearing on 16th July, 2003, when we issued notice to the respondent before admission, making it returnable today at our Nagpur Camp and granted Hamdast to the appellant’s Advocate to serve the process. The learned Advocate Mr. J.L. Kurani states that accordingly the service has been effected upon the respondent through post and he has also received the postal acknowledgement. It is, thus, noticed that despite service of process the respondent has not responded. We notice that even before the D.F., Nagpur the respondent did not file written statement.

2. we are proceeding to dispose of this appeal at the stage of admission itself on hearing the learned Advocate for the appellant and on perusal of the material available in the appeal paper book.

3. Appellant is the original complainant, who filed the complaint against the respondent-O.P., claiming the possession of the plot of land of the description mentioned in the complaint and for which he had paid full consideration of Rs. 30,000/-.

4. Despite full payment of consideration, O.P. did not discharge his contractual obliga