POORNA NAND Vs. PRAKASHWATI

JUDGEMENT

(1.) THIS appeal, preferred by the plain tiff (present appellant) under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and de cree dated 19-12-1977, passed by learned District Judge, Dehradun in Civil Appeal No. 162 of 1976 and cross ob jection No. 55 of 1977, whereby the appeal and cross objections are dis missed, affirming the judgment and de cree dated 28-08-1976, passed in Suit No. 85 of 1975. The trial court had dis missed the suit for specific performance of contract and decreed for recovery of Rs. 2,500/- paid to the defendant as part consideration by the plaintiff and further directed that plaintiff should restore the possession of land in suit to the defend ant.

(2.) I heard learned counsel for the parties and perused the entire record.

(3.) THE trial court after going through the pleadings of the parties, framed following issues : i) Whether, the defendant owned and possessed 0. 12 acres of land on the spot, agreed to be sold to the plaintiff ? ii) Whether, the plaintiff is bound to pay full agreed price of Rs. 6,0001-, even after the area of the plot found is less than the agreed one ? iii) Whether, the plaintiff is entitled to any reduction in price in proportion and damages for the land not available in possession with defendant ? iv) Whether, the defendant is enti tled to forfeit the amount of Rs. 2,500/- paid to her as advance amount of consideration ?