VIMAL KUMAR Vs. VINOD KUMARI

JUDGEMENT

(1.) Heard Sri Anshu Chaudhary learned Counsel for the appellants.

(2.) This is defendants' second appeal arising out of O.S. No. 387 of 1991 which was decreed by Civil Judge Junior Division, Kayamganj, District Farrukhabad on 24.5.2002. Against the said judgment and decree, defendants-appellants filed Civil Appeal No. 25 of 2002, which was dismissed by A.D.J./ Special Judge, E.C. Act, Farrukhabad on 11.8.2011 hence this second appeal.

(3.) Through the impugned judgment and decree, suit for specific performance of agreement for sale dated 27.11.1990 executed by the defendants-appellants in favour of plaintiff-respondent has been decreed. The agreement was in respect of an agricultural plot, area of which is 0.04 acres. Agreed sale consideration was Rs. 17,000/- out of which Rs. 5000/- were paid at the time of execution of agreement. The land in dispute was part of agricultural Plot No. 488, total area 0.49 acres in which appellants' share was 0.12 acres. Both the Courts below found that the agreement was in fact executed and plaintiff had always been ready and willing to get the sale-deed executed after performing her part of the agreement. These findings are pure findings of fact.