SUSHILA DEVI Vs. SHRI SHIV SWAROOP PANDEY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is plaintiff's second appeal arising out of O.S. No.416 of 1985, which was filed for specific performance of an agreement for sale dated 05.02.1981 in respect of a house. It was alleged in the plaint that out of agreed sale consideration of Rs.30,000/- under the agreement plaintiff had paid Rs.29500/- to the defendant. The suit was decreed on 20.01.1999 by II Additional Civil Judge, Senior Division, Allahabad and defendant was directed to execute the sale deed after receiving Rs.500/- from the plaintiff. Against the said judgment and decree, defendant's legal representatives (as he had died by then) filed Civil Appeal No.42 of 1999. A.D.J. Court No.17, Allahabad through judgment and decree dated 27.08.2004 allowed the appeal, set aside the judgment and decree passed by the trial court for specific performance of the agreement for sale and decreed the suit in part only for return of Rs.14,000/-. This second appeal is directed against the judgment and decree passed by lower appellate court dated 27.08.2004. This second appeal was admitted on 15.02.2007 by the following order:

(3.) Admit. Issue notice on the substantial question of law, besides the other as may be found at the time of the hearing of the appeal:-