SANAWAR ALI Vs. RAM KISHORE

JUDGEMENT

(1.) THIS second appeal arises out of suit filed by plaintiff-appellants for specific performance of agreement to sell the shop described at the foot of the plaint.

(2.) IN short, the plaint allegations were that the defendant agreed to sell the shop in dispute to the plaintiff by an agreement dated 21-8-1966 for Rs. 2100/-. The plaintiff paid Rs. 100/- to the defendant as earnest money and it was agreed that the plaintiff would get the sale deed executed after one year after paying the balance to the defendant. The plaintiff asked defendant several times to execute the sale deed but the defendant avoided it.

(3.) THE plaintiff-appellant filed an appeal before the learned District Judge, Bijnor which came up for hearing before the learned Additional Civil Judge, Bijnor. In the appeal the plaintiff-appellant moved an application for amendment of the plaint to the effect that she was always willing and ready to perform her part of contract. THE learned Additional Civil Judge allowed the amendment of the plaint as prayed for and remanded the case to the trial court for decision. THE defendant-respondent filed a First Appeal From Order in this Court against the judgment of the learned Additional Civil Judge. THE said F.A.F.Q. was numbered as F.A.F.O. No. 200 of 1972. Since there was interim order in the First Appeal From Order, the proceedings before the trial court were stayed. Ultimately the F.A.F.O. was allowed by this Court on 20-7-1976 and it was held :-