NAND GOPAL Vs. MOTI CHAND AND OTHERS

JUDGEMENT

(1.) Heard Counsel for the appellant and perused the record. Original Suit No. 227 of 1988 Moti Chand and others v. Nand Gopal, was filed by the plaintiff-respondent for specific performance of agreement dated 27.7.1987 for executing the sale-deed of Plot No. 103-A, area 906 kari and 130-6, area 1.281 kari, total area 2.187 kari, for sale consideration of Rs. 30,000/-.

(2.) The suit was contested by the defendant-appellant by denying the plaint allegations. Execution of agreement to sell dated 27.7.1987 as claimed by the plaintiff-respondent was also denied, inter alia that his signatures of the sale-deed are not his. The suit was also contested on the ground that value of the land is in lacs whereas it has been sold undervalued at Rs. 30000/- only and that defendant-appellant had no other source of livelihood except the land in question on which his family is fully dependent upon.

(3.) The suit was decreed by the Trial Court vide judgment and order dated 10.9.1992. Aggrieved the defendant-appellant filed Appeal No. 499 of 1993 in the Court of District Judge, Azamgarh. The appeal was listed on 21.4.1997 before 1st Additional District Judge, Mau. The Counsel for the appellant submits that no notice was issued to the appellant in the civil appeal rather his Counsel had accepted the notice who informed the Court that his client is not coming, on which the appeal aforesaid was dismissed in default.