HARISH SWAROOP Vs. MADHU SUDAN LAL BAJPAYEE

JUDGEMENT

(1.) This second appeal has been filed by plaintiff against the judgment and decree dated 31.5.2014 passed by Additional District Judge, Court No.3, Kannauj in Civil appeal No.03 of 2002, Madhu Sudan Vs. Harish Swarrop arising out of judgment and decree dated 13.8.2002 passed by Additional Civil Judge (S.D.), Kannauj in civil suit no.174 of 1983, Harish Swarrop Vs. Madhu Sudan Lal Bajpaee.

(2.) The brief facts of the case are that the plaintiff filed Civil Suit No.174 of 1983 for specific performance of contract on the basis of an unregistered agreement for sale dated 13.3.1974, in which the property in suit, the two shops were allegedly agreed to be sold by the defendant in favour of plaintiff for a sum of Rs.30,000/- only, an agreement was executed on payment of Rs.25,000/- as advance sale consideration, and sale deed was agreed to be executed in ten years on payment of Rs.5000/-, the balance sale consideration. The plaintiff allegedly sent notice to defendant, to which no heed was paid by the defendant and so Civil Suit No.174 of 1983 was filed for specific performance of contract. Vide judgment and decree dated 13.8.2002 passed by Civil Judge (S.D.), Kannauj, the suit of plaintiff-appellants was decreed with costs, for specific performance of contract. Feeling aggrieved, the defendant preferred Civil appeal No.03 of 2002 under section 96 of Code of Civil Procedure before District Judge, Kannauj which was transfered for disposal to the Court of Additional District Judge, Court No.3 Kannauj and was allowed with costs vide impugned judgment and decree dated 31.5.2014 setting aside the judgment and decree dated 13.8.2002 passed by the trial court and holding the agreement to be a forged document. Feeling aggrieved, now the plaintiff has preferred this second appeal.

(3.) Heard Sri Nalin Kumar Sharma, Sri Arvind Kumar Srivastava, learned counsel for the appellant and Sri Akhilesh Chand Shukla, learned advocate holding brief of Sri Rajeev Tiwari, learned counsel for the respondent.