OM PRAKASH Vs. POORAN CHAND

JUDGEMENT

(1.) Heard Shri Madan Mohan, learned counsel for the appellant and Shri Pankaj Agarwal, learned counsel for the respondents who has appeared through caveat for quite some time. This second appeal arises out of Original Suit No. 958 of 2005 which was decreed on 28.1.2011 by Additional Civil Judge (Senior Division)/Judge Small Causes Court, Aligarh on 28.1.2011 for specific performance of agreement for sale. Against the said judgment and decree defendant-appellant filed Civil Appeal No. 36 of 2011 which was dismissed on 3.8.2011 by Additional District Judge. Court No. 16. Aligarh hence this second appeal. Through the impugned judgment it was found that defendant-appellant had in-fact executed agreement for sale on 26.9.2003 in respect of agricultural land comprised In plot No. 259 area 3.016 hectare in favour of plaintiff-respondent and that the agreed sale consideration was 4 lacs out of which 3 lacs had been received at the time of execution of agreement for sale.

(2.) Just after start of the argument the Court was of the tentative opinion that the only point which could be involved in this appeal was regarding inadequacy of sale consideration. Learned counsel for both the parties particularly learned counsel for the appellant agreed that in case he was not able to satisfy the Court that no other substantial question of law was involved in this appeal then appeal might be decided forthwith on the above question.

(3.) I am not convinced that any other point is involved in this second appeal.