(1.) In this suit for specific performance of the agreement to sell dated 5.8.1981 which was resisted by defendant No, 1, as many as 11 issues were framed by the Court on 9.9.1985. It was ordered on 8.10.1985 on I.A. 5704/85 of defendant no. I that issues 2, 3 and 10 would be treated as preliminary issues. These three issues are as follows :-
(2.) Agreements of th6 learned counsel for the plaintiff and also of the learned counsel for defendant no. I were heard on these preliminary issues. Issue No. 2
(3.) This issue was not pressed by Mr. Tyagi learned counsel for defendant No. I and so it is held that the suit has been properly valued and this issue is decided accordingly against defendant No. 1. Issue No. 3