RAMDEO Vs. DULARI DEVI

JUDGEMENT

(1.) The present appeal has been filed by the plaintiff-appellant.

(2.) The facts necessary for adjudication in this appeal are as under :Ram Deo Yadav filed suit No. 30/73 against Smt.Dulari Devi, Smt. Indrawati and Smt. Parvati Devi in the Court of Civil Judge Azamgarh and later on Moti Yadav and Shrawan Yadav were also impleaded as defendants. In the said plaint relief prayed was for specific performance of the agreement for sale dated 27-1-72 by deceased Sri Jhabbar Yadav in favour of plaintiff regardingthe property in dispute and as per that agreement the defendants be directed to execute sale deed in favour of the plaintiff, in the alternative it was prayed that if for any reason it is not possible to get the sale deed executed, there should be a decree for return of earnest money to the tune of Rs. 8000.00 paid to defendant at the time of execution of agreement for sale, along with interest thereon.

(3.) The defendants contested the above suit. The trial Court framed issues on the basis of the pleadings of the parties. Out of the said issues the following issues are appropriate for decision of the present appeal.Issue No. 1:Whether on 27-1-72 Jhabbar Yadav, the deceased husband of defendant No. 1 and father of defendants 2, 3 agreed to sell the property in suit in favour of the plaintiff for a consideration of Rs. 10000.00?Issue No. 2:Whether the plaintiff paid earnest money to the tune of Rs. 8000.00 to Jhabbar Yadav in terms of the agreement?Issue No. 3:Whether Jhabbar Yadav executed the agreement dated 27-1-72 paper No. 9A1 in favour of the plaintiff?Issue No. 4:Whether the defendants 2 to 5 had knowledge of the aforesaid agreement, and whether the said defendants are bona fide purchaser of the property in suit?