VITHAL DHONDIBA KASALE Vs. BHAGWAN

JUDGEMENT

(1.) Both these appeals have filed by the appellant- Vithal Dhondiba Kasale, who is original defendant in RCS No.73 of 1978 and plaintiff in RCS No.74 of 1981, against common judgment and order dtd. 16/07/1992 in RCA No.66 of 1984 and 67 of 1984.

(2.) Background facts are as under :

(3.) The learned counsel for the appellant - Vitthal in both these appeals submitted that the learned first appellate court has wrongly allowed the specific performance of contract in favour of Bhagwan by ignoring the material evidence on record. According to him, the learned trial court had in fact held that Bhagwan was not entitled for the decree of specific performance since he could not explain how he came into possession of the suit land when the possession was to be handed over at the time of sale deed. Despite the same, the learned first appellate court allowed the specific performance in favour of Bhagwan. Moreover, the learned counsel for the appellant - Vithal also pointed out that the learned trial court had in fact decreed the suit filed by Vithal for possession of the suit land but the learned first appellate court wrongfully set it aside. In support of his submissions, he relied on following judgments :