S.D.SINGH Vs. GAJRAJ SINGH

JUDGEMENT

(1.) Heard Sri P. K. Jain, learned Senior Advocate assisted by Sri Nikhil Chaturvedi, counsel for the appellant and Sri Sangam Singh, learned counsel for the respondent.

(2.) This appeal has been filed by the defendant being aggrieved of the judgment and decree dated 16. 07. 1990 passed by the Court of first Additional District Judge, Mainpuri dismissing the Appeal No. 139 of 1987 and decreeing the suit of the plaintiff-respondent arising out of Suit No. 126 of 1984 filed by Gajraj Singh and another plaintiff respondents for specific performance of contract against the appellant by judgment and decree dated 13. 03. 1987 passed by the learned Civil Judge, Mainpuri thereby decreeing the suit of the plaintiff with costs.

(3.) Brief facts of the present case leading to this second appeal under Section 100 C. P. C. are that plaintiff Gajraj Singh had filed a suit for specific performance to get the registry of 2/3 of land contained in Survey No. 370/2 measuring 13 dismal in favour of plaintiff and defendant nos. 2 and 3 and if defendant no. 1 refuses to do so then Court may accept the remaining sale consideration and execute a sale deed in favour of the plaintiff and defendant nos. 2 and 3.