RAM SAHAI Vs. LAXMI NARAIN

JUDGEMENT

(1.) This is plaintiffs second appeal against the Judgement and decree dated Ist June, 1978 passed by the District Judge, Jalaun at Oral dismissing his appeal against the Judgement and decree dated 18-11-1972 passed by I temporary Civil and Session Judge, Orai.

(2.) In brief, according to the plaintiff Sri Laxmi Narain defendant/respondent was the owner of the Khandahar. He agreed to sell the same to Sri Ram Sahai plaintiff/appellant by agreement dated 18th June, 1971 for a consideration of Rs. 8,000.00 out of which Rs. 1,000.00 was paid byway of earnest money. According to the plaintiff, the possession of the Khandahar was also given to him. The defendant did not execute the sale-deed and s such the suit for specific performance of the agreement to sell and in the alternative for recovery of Rs. 1000.00 together with the interest at the rate of 1% per annum and for Rs. 2,000.00 by way of damages was filed. According to the defendant, the property was joint Hindu family property. He was not sole owner of the property in suit. He did not execute the alleged agreement nor received Rs. 1,000.00 The plaintiff obtained his signatures on stamp paper while he was in a drunker state regarding which he gave the notice to the plaintiff on 21st June, 1971,

(3.) On the parties pleadings the necessary issues were framed. Besides the documentary evidence the plaintiff examined himself and Sri Radhey Shyam. The defendant examined himself.