MADHO PRASAD DEAD Vs. RAM CHANDRA

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree dated 25.8.1992. passed by VIIth Additional District Judge. Azamgarh in Civil Appeal No. 329 of 1986 allowing the appeal and setting aside the judgment and decree dated 31.5.1986 passed by Munsif City. Azamgarh in Original Suit No. 310 of 1979 decreeing the suit for specific performance.

(2.) Madho Prasad, appellant (hereinafter called the plaintiff), filed Suit No. 310 of 1979 against Ram Chandra and Smt. Bibbo Devi, respondents (hereinafter called the defendants), for specific performance of contract and in the alternative for refund of Rs. 6,000. the earnest money and for damages amounting to Rs. 1.000 mainly on the ground that he was tenant In house in suit on monthly rental of Rs. 5 for last 20 years. The defendants were in need of money for marriage of their daughter and. therefore, they agreed to sell the house in suit in favour of .plaintiff for Rs. 9.000 and executed an agreement to sell on 17.3.1976 after receiving a sum of Rs. 6,000 as earnest money. The defendants did not execute sale deed despite of service of notice dated 31.7.1978 and, therefore, he filed the suit.

(3.) The defendants contested the suit on the ground that the plaintiff was their tenant in a portion of house in suit on monthly rental of Rs. 40 and S.C.C. Suit No. 57 of 1978 for his ejectment and for recovery of rent was filed against him which was pending. The defendants never agreed to sell the house in suit in favour of plaintiff, nor executed any agreement to sell. They had not signed any such document. The price of the house Jn suit was Rs. 40.000 and there was no occasion for the plaintiff to sell the same only for Rs. 9.000.