LAWS(ALL)-2023-7-81

ARJUN PRASAD Vs. GANESH PRASAD

Decided On July 05, 2023
ARJUN PRASAD Appellant
V/S
GANESH PRASAD Respondents

JUDGEMENT

(1.) The instant second appeal has been preferred by the defendants-appellants emanating from a suit for specific performance of contract filed by the plaintiffs-respondents, wherein the trial Court by means of the judgment and decree dtd. 7/4/1992 refused the decree of specific performance which was assailed before the lower Appellate Court and the lower Appellate Court by means of its judgment and decree dtd. 2/12/1992 has set aside the decree of trial Court and has decreed the suit for specific performance, prompting the defendants-appellants to knock the doors of this Court under Sec. 100 CPC.

(2.) The instant second appeal was admitted by the Court on 24/3/1993 on the substantial question of law as formulated in the memo of appeal, Clause A, which reads as under:-

(3.) In order to appreciate the controversy involved in the second appeal, certain relevant facts relating to the suit are being noticed hereinafter.