- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL APPEAL APPEAL NO.1380 OF 2004 NO.1380 OF 2004 NO.1380 OF 2004 Jijaba Tukaram Bhingardave ...Appellant vs. Maruti Bandu Lade & Anr. ...Respondents Mr.A.V.Anturkar with Ms Vinita Shastry for the Appellant CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 23, 2005. : MARCH 23, 2005. : MARCH 23, 2005. P.C.: P.C.: P.C.: 1. Heard Shri Anturkar for the Appellant. 2. The Appeal is by the unsuccessful Plaintiff in a suit for specific performance. The finding of the Courts below is that the agreement for sale is not proved. The only finding recorded is that there was a payment of Rs.18,700/- by the Appellant to the Respondent in the year 1989-90. However, the suit is filed in the year 1996. There is a finding recorded by the Appellate Court that there is no evidence of existence of contract of sale between the parties. There is no evidence regarding terms on which the property was alleged to be sold. There is no prayer made in the plaint for refund of consideration allegedly paid in the suit agreement. 3. In view of the concurrent findings of fact recorded by the Courts below, no substantial question of law arises. Second Appeal is dismissed with no order as to costs. JUDGE. JUDGE. JUDGE.