MAHENDRA SINGH Vs. NIRANJAN SINGH

JUDGEMENT

(1.) R. B. Mehrotra, J. This is defendant's second appeal.

(2.) THE facts necessary for the decision of the appeal are as under: THE plaintiff-respondent Niranjan Singh filed a suit for specific performance of contract to sell against the defendant and in the alternative for recovery of Rs. 7,000 from the defendant. THE suit was contested by the defendant. On the pleading of the parties, issues were framed. Following issues are relevant for the purposes of the decision of the present appeal; (1) Whether the defendant agreed to sell the house in dispute to the plaintiff for a consideration of Rs. 7,300 on 17-4-1973 and executed the Ikrarnama in suit ? (2) Whether the defendant received Rs, 6,000 from the plaintiff towards the part payment of the sale consideration ? (3) Whether the defendant is owner of the house in suit or not ? If so its effect ?

(3.) AGGRIEVED thereby the defendant preferred the present second appeal.