Judgment

S.B. Sinha, J.—Leave granted.

2. This appeal is directed against a judgment and order dated 3.9.2004 passed by the Bombay High Court in Letters Patent Appeal No. 102 of 1990 whereby and whereunder the Appeal preferred against a judgment and order dated 30.1.1990 passed by a learned Single Judge of the said Court in First Appeal No. 120 of 1984 affirming the judgment and decree dated 5.9.1983 passed by the Civil Judge, Sr. Division, Kolhapur in Special Suit No. 1 of 1979; was allowed.

3. The basic fact of the matter is not in dispute. The suit premises measure about 346 sq. yds. of land. Structures consisting of ground and first floor were built thereupon. The Appellant No. 2 was a tenant in the ground floor of the said building.

4. A decree at the instance of his creditor was said to have been passed against the plaintiff-Respondents herein. The First Respondent with a view to repay the said loan entered into an agreement of sale with the Appellants on or about 30.12.1970. In terms of the said agreement, the plaintiff-Respondents agreed to sell the said property for a consideration of Rs. 45,000/-, out of which a sum of Rs. 3,434/- was paid by way of earnest money and the res