JUDGMENT.

1. This second appeal is preferred against the Judgment and Decree passed by the 2nd Ad-hoc Additional District Judge, Wardha in Regular Civil Appeal No.127/2001 dated 18.08.2005, which was preferred against the Judgment and Decree passed by the learned Civil Judge, Junior Division, Hinganghat, District Wardha in Regular Civil Suit No.5/1996, dated 25.06.2001. The parties are referred to their original status.

PLAINTIFF’S CASE

2. The plaintiff is owner of the suit property bearing Survey No.260/2, admeasuring 1.10 HR., situated at village Pawani, Tahsil Hinganghat, District Wardha. A contract to sale on a stamp-paper at Exhibit No.27 of the suit property dated 20.03.1991 was executed between plaintiff and defendant No.1, for the consideration amount of Rs.30,000/-. That time Rs.20,000/- out of consideration amount was paid to the plaintiff. The defendant No.1 is son of defendant No.2. The possession of the suit property was handed over to the defendants. The remaining amount of Rs.10,000/- was agreed to be paid on or before 15.03.1992 and, thereafter, sale-deed was to be executed. The plaintiff was ready and willing to execute the sale- deed, but defendant No.1 was not havin