PADAM PRAKASH GUPTA Vs. CHHOTEY LAL

JUDGEMENT

(1.) The instant second appeal has been filed by the defendant for the setting aside of the judgement of the First Appellate Court dtd. 18/3/1983 passed in Civil Appeal No. 477 of 1981.

(2.) A suit being Original Suit No. 249 of 1978 was filed by one Chhotelal Gupta, the plaintiff-respondent against his own brother Sri Padam Prakash Gupta. The allegations in the plaint were that the plaintiff-respondent and the defendant who were real brothers and had a great affection for each other proposed to purchase a plot no. 290, Block K Scheme II, Kidwai Nagar, jointly. It has been alleged in the plaint that the plaintiff negotiated the sale with the owner Smt. Ahmadi Begam who had agreed to sell the plot in question for a consideration of Rs.20,000.00 and for that purpose, an agreement to sell was also executed on 15/17/6/1971 between the plaintiff and Smt. Ahmadi Begam.

(3.) The plaintiff-respondent's further case had been that the plaintiff-respondent had paid Rs.11,000.00 from time to time and had obtained receipts of the amounts which were paid to the proposed seller. As per the plaint allegations, on 17/6/1971 Rs.1,000.00; on 14/7/1971 Rs.4,000.00; on 24/10/1971 Rs.300.00; on 3/6/1972 Rs.200.00 and on 14/6/1972 Rs.5,500.00 were paid.