RAM KHELAWAN Vs. THAKURDIN

JUDGEMENT

(1.) THIS is a defendant's second appeal directed against judgment and decree dated 22-10-1983 of the 1st Additional District Judge, Jaunpur, whereby he dismissed the first appeal of the defendant and confirmed the judgment and decree of the trial court in plaintiff's favour.

(2.) BRIEFLY stated the facts relevant are that the plaintiff-respondent Thakurdin filed the suit with the allegation that he sold a plot of land measuring 53 acres to the defendant-appellant for a sum of Rs. 7 000/- by means of sale deed dated 16-5-1975. On the same day there took place an agreement between the parties stipulating that in case the plaintiff paid a sum of Rs. 7,000/- to the defendant within a period of six years, the defendant will execute a sale deed of the said plot in favour of the plaintiff and deliver possession to him. The terms of this agreement were reduced to writing by means of a deed of agreement dated 16-5-1975 The plaintiff thereafter arranged for the amount of Rs. 7,000/- as the expenses for execution of the sale deed and requested the defendant to accept the said amount of sale consideration and expenses and executed the sale deed in his favour, but the defendant paid no head. Ultimately the plaintiff gave a notice dated 22-8-1978 by registered post to the defendant which was personally served on him but he failed to comply with the same. The plaintiff has always been ready and willing to perform his part of the contract but the defendant failed in so doing, hence the suit was filed again with a prayer for specific performance of contract of sale on the terms and conditions incorporated In the deed of agreement.

(3.) IN this appeal the findings of the two courts below to the effect that there was an agreement of reconveyance between the parties and the document dated 16-5-1975 evidencing such agreement was executed by the defendant-appellant has not been assailed. IN deed it is also not open to the appellant to challenge the same, being a finding of fact.