RAJENDRA PRASAD AGRAHARI Vs. SAROJ AGRAHARI

JUDGEMENT

(1.) Heard Sri Tarun Verma, learned counsel for the appellant and perused the record.

(2.) This is a defendant's second appeal filed under Sec. 100 C.P.C. The plaintiff-respondent preferred Original Suit No. 2692 of 1987 for specific performance enforcing agreement to sell dated 14.12.1984, alleged to have been executed between the parties for sale of property in dispute on a total consideration of Rs. 2,000/, where against it is said that Rs. 1500/was paid advance and Rs. 500/was to be paid at the time of execution of sale deed.

(3.) The defendant-appellant contested suit by alleging that she never executed the sale deed but on the other hand went to Sub-Registrar's office on 14.12.1984 for execution of rent deed and plaintiff's husband got signatures of defendant on certain blank papers and stamp papers. It was also stated in para 34 of the written statement that her brother raised construction over the plot in dispute and in May, 1985 handed over possession to the husband of plaintiff on monthly rent of Rs. 100/.