SUBHASH CHAND AND ANR Vs. RAM PRATAP SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) This Second Appeal is preferred against the judgement dated 30.03.2013 passed by Additional District Judge, Court No. 10, Agra in Civil Appeal No. 22 of 1997 arising out of judgement rejecting Cross Objection passed on 06.08.1996 by the Ist Additional Civil Judge (Senior Division) Agra dismissing the Appellants Counter Claim in Original Suit No. 166 of 1988.

(3.) The plaintiff respondent filed a Suit for specific performance of the contract against the appellants with the allegations that the appellant no. 1 had executed an agreement of sale for consideration of Rs.80,000/- and obtained Rs.15,000/- as earnest. When the appellant no. 1 failed to execute the sale deed in favour of the plaintiff, notice was given. In the meantime, the appellant no. 1 transferred the land in question by way of a sale deed in favour of appellant no. 2, who is his real brother. Thereafter the Suit was instituted against both the defendants appellants.