DEOMAN BHAGWAN Vs. ATMARAM SURYABHAN

JUDGEMENT

(1.) THIS is a second appeal against the judgment and decree of Mr. N.H. Mujumdar, Third Additional District Judge, Akola, in Civil Appeal No. 79-A of 1948 decided on 19-11-1943.

(2.) THE suit from which this appeal arises was filed by the respondent, Atmaram Maratha, for possession of field survey No. 48 having an area of 14.23 acres, situated in mouza Nandkhed, taluq and pargana Balapur in the Akola district in Berar.

(3.) THE trial Court found in favour of the defendant-appellant and the judgment and decree of that Court were reversed in the lower appellate Court. The learned Judge of the first appellate Court held that out of the total con. sideration Rs. 731 which were agreed to be paid to one Hari Tukaram, had not been paid. This finding cannot now be challenged. He also held that no question of estoppel arises nor did Section 43, T.P. Act, apply to this case.