SURESH KUMAR Vs. GIRISH KUMAR

JUDGEMENT

(1.) AGAINST concurrent verdict of the courts below, appellant/plaintiff has preferred this Second Appeal.

(2.) DECEASED 1st defendant is the father of the appellant. 2nd respondent is a distant relative of the appellant and third respondent is sister of the appellant. Suit property belonged to the deceased 1st defendant. Appellant claims that he was residing in the said property with the deceased 1st defendant. He executed a Will in favour of the appellant. Later, appellant claims, the deceased 1st defendant executed Ext.A1, agreement for sale on 20.12.1999 agreeing to sell the property to him for Rs.1,00,000/- and received Rs.65,000/- by way of advance. The sale deed was to be executed on 20.06.2000. On 15.04.2000 appellant issued notice to the deceased 1st defendant demanding specific performance of the agreement for sale. That was replied as per notice dated 18.04.2000 stating that no such agreement for sale was executed. Appellant claims that he learnt that the deceased 1st defendant executed settlement deed No.755 of 2000 in favour of respondents 1 and 2/defendants 2 and 3 on 17.02.2000. According to the appellant, that is a sham document. Hence the suit for specific performance of the agreement for sale and alternatively for recovery of Rs.71,850/- with interest.

(3.) TRIAL court found against the claim of appellant and dismissed the suit. That was confirmed by the first appellate court and hence the Second Appeal.