DEV KUMAR Vs. RAKESH KUMAR AND ANOTHER

JUDGEMENT

(1.) Heard Sri M.K. Gupta, Advocate on behalf of defendant/appellant and Sri O.P. Rai, Advocate, on behalf of plaintiff/respondents. The instant second appeal is directed against judgment and decree dated 20.3.1999 passed by XVth Additional District Judge, Meerut, in Civil Appeal No. 96 of 1995, Rakesh Kumar and another v. Dev Kumar setting aside judgment and decree dated 1.4.1995 passed by Trial Court in Original Suit No. 267 of 1989 on Issue No. 3.

(2.) This defendant's second appeal arises from a suit of specific performance instituted by plaintiff/respondents.

(3.) Record of the case was summoned at the stage of admission itself. Written submissions have already been preferred by learned Counsels for respective parties. As agreed between parties, the instant second appeal is being decided finally at this stage on the following substantial questions of law, which are quoted below: