VIDYAWATI Vs. RAJ DEI AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) This appeal was admitted vide order dated 10.05.1998 without framing of any point of determination. As soon as this Court proceeded on to hear so as to frame point of determination, it was found that the only point of determination, at the beginning of the arguments, involved is to the effect; whether the learned Trial Court, who has not framed any issue regarding compliance of Sec. 16 (c) of Specific Relief Act, the judgment and decree passed by the learned Trial Court is perverse or not

(3.) The instant appeal has arisen out of judgment and decree dated 16.03.1978, passed by Second Additional District Judge, Pratapgarh in Original Suit No.44 of 1975 by which the suit for specific performance of agreement to sell has been decreed and the plaintiff has been directed to deposit a sum of Rs.5,000.00 within two months. The defendant no.1/1 and 1/2 were directed to execute sale deed in favour of the plaintiff within next two months. It was further directed that defendant no.2 Smt. Vidyawati shall also join that sale. In default, the sale deed would be executed by the Court on their behalf.