MAHENDRA SINGH Vs. RAHUL DEV SHEKHAVAT

JUDGEMENT

(1.) THIS second appeal, preferred under section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 18.06.2001, passed by District Judge, Nainital, in Civil Appeal No. 30 of 2000, whereby said court has dismissed the appeal, and affirmed the judgment and decree for specific performance of contract passed by the trial court [Addl. Civil Judge (Sr. Div.) Nainital ] in Suit No. 86 of 1998.

(2.) HEARD learned counsel for the parties, and perused the lower court record.

(3.) THE defendant contested the suit, and filed his written statement. He denied having executed any agreement of sale. The defendant alleged that actually he took loan of Rs. 60,000/ on interest @ 2% per month on 03.06.1996 from the plaintiff, and returned amount of Rs. 65,000/ to him. The defendant denied that plaintiff was ready and willing to perform his part of contract.