RAMESH CHANDRA AGRAWAL AND ORS. Vs. BITTA DEVI

JUDGEMENT

(1.) Heard Sri Pankaj Agarwal, learned counsel for appellants. None appeared on behalf of respondent though the appeal has been called in revised and names of Sri Devendra Dahma and Sri A.S. Jadaun, Advocates for respondent are shown in the cause list. Therefore, we proceed ex parte to decide the appeal.

(2.) It is a plaintiff's appeal.

(3.) This First Appeal, under Section 96 of Code of Civil Procedure, has arisen from judgment and decree dated 10.12.2001, passed by Additional Civil Judge (Sr. Division), Court No. 2, Aligarh in Original Suit No. 143 of 1998 (Ramesh Chandra Agrawal and others vs. Smt. Bitta Devi @ Bitti), whereby it has dismissed Original Suit No. 143 of 1998, in so far as the relief of specific performance was prayed by plaintiffs appellants but has decreed to the extent of refund of advance money along with interest.