RAM SEWAK Vs. SUBHASH CHANDRA MISRA

JUDGEMENT

(1.) The present civil appeal has been filed by the defendant appellant.

(2.) The essential facts for adjudication of this appeal are as under.Subhash Chandra Misra, plaintiff filed Civil suit No.483 / 79 against Ram Sewak defendant before Munsif Kannauj and in that suit prayed for the relief that the defendant be directed to file the Stamp for partition for his specific share in case No. 25 / 73 decided on 17-9-1973 before Sub-Divisional Officer Kannauj, and get his name recorded over his share in revenue papers under the supervision of the Court and execute the sale deed. in favour of plaintiff; register the same, .failing which the Court should get the sale deed executed through its agency and in case it is. not deemed proper to get sale executed order for refund of Rs. 3000.00 from defendant as earnests money and Rs. 1000.00 as damages from defendant to plaintiff.

(3.) The defendant contested the suit.The trial Court framed issues on the pleadings of the parties out of which reference to the following issues is appropriate, for decision in this appeal.Issue No. 1: Whether on 1-5-1975 the defendant agreed to sell the disputed agricultural land to the plaintiff for a consideration of Rs. 4000.00 and the plaintiff paid Rs. 3400.00 to the defendant.Issue No.2. Whether the defendant executed the agreement dated 1-5-1975 in favour of the plaintiff.Issue No. 3. Whether the defendant had any right to sell disputed agricultural land if not, its effect.Issue No. 4. Whether Sri Krishna Kumar and Brij Nandan Kumar have purchased the disputed agricultural land from the plaintiff and they are Bhumidhar thereof, if so ,its effect.Issue No. 5. Whether the agreement dated 1-5-1975 has been obtained from the defendant by practicing fraud as alleged in para 11of the written statement.Issue No. 6. Whether the defendant has got a Quarra (Share specific) by a partition suit. If yes, its effect.