JUDGMENT :

1. This second appeal is by the original plaintiff. Heard learned advocate for appellant. Regular Suit No. 664 of 2003 was decreed by Civil Judge, J.D. Bhivandi on 27th August, 2008 and she was called upon to deposit remaining amount and the defendant was called upon to execute sale-deed within two months. In the first appeal No. 135/2008 learned District Judge, Thane converted the decree of specific performance into money decree and the defendant was directed to refund consideration amount to the plaintiff. Hence, this appeal.

2. The judgment and arguments disclose following facts;

2.1) By agreement dated 13.01.1984, the defendant agreed to sale the suit land admeasuirng 02 H. 37 R. at the rate of 7,000/- per Acre and received Rs.1001/- on 31.12.1983 and Rs.20,000/- on the date of agreement. It was agreed that the Registered sale-deed was to be executed within three months.

2.2) On the same day separate possession receipt was passed and assurance was given on 17th January, 1984 to obtain consent of the Collector. Scheme of Panjarpol was applicable to the same.

2.3) On 13/03/1984 application for permission was made by the defendant to the Civil Judge, Jr. Devision Bhinwandi.