HIRAKALI AND ORS. Vs. ANKUR AGRAWAL AND ORS.

JUDGEMENT

(1.) Original suit no. 934/2006 (Ankur Agrawal v. Smt. Hirakali & others) was filed for specific performance of registered contract dated 25.06.2009 executed between the plaintiff Ankur Agrawal and Om Prakash (predecessor in interest of defendants) for sell of disputed property in favour of the plaintiffs. According to plaint case, plaintiffs and Om Prakash had executed said registered sale-deed in which it was agreed that owner of disputed property Om Prakash will sell the said property for a consideration of Rs. 1,60,000/- in favour of plaintiffs, and at the time of execution of said agreement to sell Om Prakash had received advance of Rs. 70,000/- .The plaintiff had been ready and willing to perform his part of such contract but earlier Om Prakash and thereafter his successor in interest, namely, defendants had not executed the sale deed; therefore, plaintiffs had filed suit for specific performance of said contract.

(2.) Defendants (present appellants) had filed written-statement in original suit. Then trial court had framed issues, accepted evidences of the parties and thereafter Additional Civil Judge (S.D.) Court No.-4 Bareilly had passed the judgment dated 25.05.2009, by which suit was decreed and defendants were directed to receive a consideration of Rs. 90,000/- from plaintiffs and execute the sale deed in his favour.

(3.) Aggrieved by the said judgment dated 25.05.2009, defendants had filed Civil Appeal no. 50/2009 (Smt. Hirakali & another v. Ankur Agrawal & another. This appeal was preferred by the three defendants of original suit whereas the defendant Sunil Kumar s/o Om Prakash had not preferred appeal, so he was made formal respondent in first appeal. The Additional Judge/ Special Judge (SC/ST Act), Bareilly had afforded opportunity of hearing to the parties, heard their arguments, framed point of determination and thereafter passed judgment dated 30.07.2015, by which first appeal was dismissed and judgment of trial court was confirmed. Aggrieved by the judgments of trial court as well as the first appellate court, this second appeal has been preferred by the appellants of first appeal. (two defendants of original suit).