(1.) This appeal at the instance of original plaintiff, is directed against the judgment and order dated 16.10.1996 passed by learned District Judge, Bhandara in Regular Civil Appeal No.108/1994 whereby the learned District Judge set aside the decree passed by the trial Court and ordered dismissal of Special Civil Suit No. 27/1993.
(2.) Facts briefly mentioned are :
(3.) First defendant admitted agreement to sell suit land and the transaction with second defendant. According to first defendant, the plaintiff has expressed that he may refund the earnest amount after receiving consideration of Rs. 33,000/from second defendant.