RAM SEWAK SINGH Vs. RAM ABHILAKH SINGH

JUDGEMENT

(1.) AT the time of arguments on 8.4.2013 no one had appeared on behalf of respondents. Accordingly, only the arguments of Sri D.C. Mukherjee, learned counsel for the appellants were heard and judgment was reserved.

(2.) THIS is plaintiffs' Second appeal arising out of original suit no.3 of 1978, Ram Sewak Singh and others Vs. Pramod Kumar and others. The suit was filed for specific performance of an agreement for sale and for cancellation of subsequent sale deed dated 30.12.1997. The suit was decreed on 20.7.1978 by Civil Judge Pratapgarh. Against the said decree subsequent purchaser filed Civil appeal no.140 of 1978 Ram Abhilakh Singh and others Vs.Ram Sewak Singh and others, District Judge Pratapgarh through judgment and decree dated 8.5.1979 allowed the appeal, set aside the judgment and decree passed by the trial court and dismissed the suit of the plaintiffs for specific performance of agreement for sale dated 21.11.1977 and for cancellation of the subsequent sale deed hence this Second appeal.

(3.) THIS Second appeal was admitted on 9.8.1979 on the following substantial questions of law: