SHEELA WAKANKER Vs. MEENA KUMARI SHARMA

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS is defendant's second appeal under Section 100 of CPC against the judgment and decree dated 19.07.2011 passed by the 2nd Additional District Judge, Durg in Civil Appeal No.8-A/2000 whereby the plaintiffs' first appeal was decreed.

(3.) THE trial Court, while holding the suit is within limitation, dismissed the suit finding inter alia, plaintiffs failed to prove that they have entered into agreement of sale with late Anand Vishnu Wakankar. THE first appeal preferred by the plaintiffs against the judgment and decree of the trial Court was allowed by the first appellate Court finding inter alia, plaintiffs and late Anand Vishnu Wakankar entered into agreement of sale with regard to suit land for sale consideration of Rs.7,200/-, out of which, the plaintiffs have paid Rs.3100/- and decreed the plaintiffs' suit and held upon payment of Rs.4,100/- by the plaintiffs to defendants, the defendants shall execute the sale-deed in favour of the plaintiffs and in default, the plaintiffs are entitled to get sale deed executed the through the Court. Hence, this appeal.