ATMARAM Vs. JAWAHAR LAL

JUDGEMENT

(1.) Heard Sri S.K. Mishra, learned counsel for the appellant as well as Sri Gopal Chandra Saxena, learned counsel for plaintiff respondent who has appeared through caveat.

(2.) This is defendants' Second appeal arising out of O.S. no.1989 of 1981. The suit for specific performance of agreement for sale dated 10.11.1980 executed by the original defendant no.1 in favour of the plaintiff was decreed by civil Judge(S.D.) Farrukhabad on 3.11.2010. Against the said decree defendant appellants filed Civil appeal no.77 of 2010 which was dismissed on 14.12.2011 by A.D.J./Special Judge(D.A.D.) Farrukhabad, hence, this Second appeal.

(3.) The case of the plaintiff respondent was that original defendant Smt. Nanhi Devi, since deceased and survived by appellants executed the agreement for sale in favour of the plaintiff for Rs.35000/- out of which Rs.12500/- were received as earnest money. The agreement for sale was executed and registered on 10.11.1980. Smt. Nanhi Devi executed sale deed of the property in dispute on 25.4.1981 (before filing of the suit) in favour of his son Atma Ram, appellant no.1 who was impleaded as defendant no.2 in the suit. In the agreement it was provided that sale deed would be executed in two years.