JHANJAN LAL Vs. KESHRI CHAND

JUDGEMENT

(1.) HEARD learned Counsel appearing on behalf of the parties.

(2.) THE plaintiff -respondent Keshri Chand filed a suit being original suit No. 65 of 1973, impleading Dal Chand and Jhanjhan, the present appellant, as defendants. The relief claimed by the plaintiff in the aforesaid suit was that so far as the defendant No. 1 is concerned, the suit may be decreed for specific performance of contract between defendant No. 1 and the plaintiff to execute sale -deed in favour of the plaintiff in respect of the land in suit and for cancellation of the sale deed executed by the defendant No. 1 in favour of the defendant No. 2 on 29th January, 1973. The plaintiff also prayed in alternative for the payment of the consideration of money amounting to Rs 5,500, which he had paid to defendant No. 1.

(3.) AGGRIEVED thereby, the plaintiff preferred an appeal being appeal No. 223 of 1974. The lower appellate Court allowed the appeal and the judgment of the trial Court was set aside, the suit is decreed for the specific performance of the agreement to sell in favour of the plaintiff by defendant No. 1 with a direction to defendant No. 1 to execute the sale deed of the land in dispute and covered by the sale deed dated 29th January, 1973. The suit was also decreed, so far as the cancellation of the sale deed dated 29th January, 1973 is concerned. Aggrieved by the decree modified by the lower appellate Court, defendant Jhanjhan Lal approached this Court by means of this second appeal. During the pendency of this second appeal, which was filed in the year 1975, appellant Jhanjhan Lal as well as both the defendants -respondents have died and have been substituted by their heirs.