LAXMAN KESU SABALE Vs. WAMAN KESU SABALE

JUDGEMENT

(1.) THIS second appeal is preferred against the judgment and decree dated 23rd November 1986 passed by the II Additional District Judge, Satara, in Regular Civil Appeal No.113 of 1984 dismissing the appeal preferred by the present appellant.

(2.) IN this second appeal the only important question to be decided is as to whether the suit filed for specific performance being Regular Civil suit filed for specific performance being Regular Civil Suit No.519 of 1981 is barred by limitation.

(3.) AS against the aforesaid contentions raised by the plaintiffs, it was contended on behalf of the defendants that in fact Kesu never executed any agreement of reconveyance as contended by the plaintiffs. It was also contended on behalf of the defendants that the suit filed by the plaintiffs for specific performance was time barred. It was also contended that the relief of specific performance is an equitable relief and the same cannot be granted in view of the fact that the plaintiffs failed to take any action for last 30 years and further in view of the fact that it is going to cause great hardships to the defendants. Lastly it was also contended on behalf of the defendants that they have improved upon the land by spending about Rs.3000.00.