RAM KUMAR Vs. GULSHAN BABAU

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondent and perused the order impugned dtd. 9/8/2021 passed by the leaned Additional District Judge, Court No. 7, Hardoi, in Civil Appeal No. 11 of 2019: Ram Kumar Vs. Gulshanbabu and others.

(2.) It is the case of the petitioner that a suit for specific performance of contract was filed by the respondent Nos. 1 and 2 against the petitioner and they impleaded their brother i.e. the respondent No. 3 herein as defendant No. 2 in the said suit. The plaintiff's case before the learned trial court was that the defendant No. 1's mother Smt. Ram Kali had entered into an agreement to sell the property in dispute for an amount of Rs.50,000.00, out of which Rs.30,000.00 was given to her and agreement to sell was registered with the understanding that the remaining amount shall be given to her within three years by the plaintiffs and if it is given within time, the mother of the defendant No. 1 would execute the sale agreement in their favour. However, despite several attempts being made by the plaintiffs, the mother of the defendant No. 1 did not execute the sale agreement in their favour.

(3.) The petitioner appeared in the Suit and filed written statement before the learned trial court and specifically denied the plaint of the plaintiff stating that Smt.Ram Kali was not the wife of Shambhu Dayal and she had never inherited the property of Shambhu Dayal. The name of the mother of the petitioner was Smt. Shanti Devi and the petitioner along with Smt. Shanti Devi had jointly inherited the property of Shambhu Dayal. No agreement to sell was ever executed by Smt. Shanti Devi. In fact an agreement to sell with regard to the property of the father of the petitioner was executed by one Smt. Ram Kali who was the mother of plaintiffs themselves. Despite such specific claim being made in written statement, no issue was framed by the learned trial court as to whether Smt. Ram Kali and Smt. Shanti Devi were one and the same person and Smt. Shanti Devi is the widow of Shambhu Dayal who has inherited the property along with the petitioner was also known by the name of Ram Kali. The Suit was decreed in favour of the plaintiffs. The petitioner filed an Appeal.