SHIV RAM SINGH Vs. CHANAN SINGH AND OTHERS

JUDGEMENT

(1.) This is a defendant's second appeal which is directed against the judgment and decree dated 20.9.2001 passed by the Vth Additional District Judge, Kheri.

(2.) It appears, that the plaintiff-respondent filed a suit for recovery of money. In brief, it was pleaded that an account of Rs. 39,008/- was paid to the appellant as earnest money as he wanted to purchase the land from him and the defendant-appellant was dealing with landed property and was making transactions of sale. The defendant-appellant failed to execute the sale deed as agreed by him, therefore, the plaintiff-respondent was entitled to get refund of the money with interest. The suit filed by the plaintiff-respondent was contested by the defendant-appellant who has denied the case in toto. It was denied that any amount was paid to him or that he ever agreed to execute any sale deed. The trial Court, on the basis of the pleadings of the parties, framed as many as six issues. The parties produced evidence, oral and documentary, in support of their cases. The trial Court, after going through the material on record, recorded findings on relevant issues in favour of plaintiff-respondent and decreed the suit by its judgment and decree dated 26.7.1980. Aggrieved by the judgment and decree passed by the trial Court, the appellant preferred an appeal before the Court below. The Court below, after hearing the Counsel for the parties, framed following question for determination in the first appeal .

(3.) The Court below, thereafter, dealt with entire evidence on the record and affirmed the findings recorded by the trial Court. So far as the above noted question is concerned, the Court below after going through the oral and documentary evidence record held as under :