RAHUL ALIAS RAWAT Vs. KARTAR SINGH

JUDGEMENT

(1.) THESE are two connected appeals arising out of the cross suits one of which was filed by the appellant in the court of Munsif for cancellation of agreement of sale dated 16-2-1981 and the other suit was filed by the respondent in the court of Civil Judge for specific performance of the aforesaid agreement.

(2.) THE suit filed by the appellant was later got transferred to the court of Civil Judge and the two suits were thereafter decided together. THE suit for specific performance was made the leading case. THE trial court dismissed the appellant's suit and decreed the one filed by the respondent giving rise to two separate appeals one of which was filed in the High Court and the other one before the District Judge as the original suit in that case has been filed in the Manciples court. THE appellant then moved Civil Misc. Application No. 10461 of 1987 and prayed that the High Court should recall the appeal filed in the court of District Judge and it may be decided along with First Appeal No. 639 of 1986 filed against the decree for specific performance. THE aforesaid application was allowed on 7-4-1988 and consequently the appeal was withdrawn from the court of the District Judge and registered here as First Appeal No. 232 of 1988. THE appeal was connected with First Appeal No. 539 of 1986. This is how the two appeals have come up before us.

(3.) ON the respective pleadings of the parties the main points that arose for determination were as follows ; 1. Whether the appellant had conciously agreed to transfer the disputed land to the respondent, as alleged by the respondent ? 2. Whether the document dated 16-2-1981 had been obtained by fraud and misrepresentation and in the manner alleged by the appellant ?