INDRAPAL Vs. SHANKAR LAL

JUDGEMENT

(1.) -Heard Sri Faujdar Rai for defendant-appellant and Sri H. P. Tripathi for plaintiff-respondent.

(2.) THIS second appeal is by defendant against whom respondent filed suit for specific performance of an agreement of sale of Plot No. 74 situated in village Dhamapur Abdalpur, pergana and tehsil Soraon, district Allahabad. According to the plaintiff's case, the said agreement was executed by appellant and he had received a sum of Rs. 4,800 as earnest money and balance of Rs. 4,000 was paid before sub-registrar at the time of registration of agreement. He was always willing to perform his part of contract but the defendant was not coming forward to execute the sale-deed, hence plaintiff sent registered notice dated 26.2.1985 whereupon defendant refused to execute the sale deed. Left with no alternative, plaintiff-respondent filed the present suit.

(3.) THE lower appellate court on receiving the said finding invited objections of the parties and by the impugned judgment dismissed the appeal.