NANKAU Vs. SAMIULLAH AND ORS

JUDGEMENT

(1.) Heard Mr.R.U.Pandey, learned counsel for the appellant as well as Mr.I.D.Shukla, learned counsel for the respondent 1/1 and Mr. Abhinandan Kumar Pandey, learned counsel for the respondent no. 2/2. No one has put in appearance on behalf of respondent no. 2/1.

(2.) This second appeal has been filed under Section 100 C.P.C. by the appellant/defendant against the judgment and decree dated 22.1.1986 passed by the Special/Additional District Judge, Sultanpur, allowing the Civil Appeal No.148/84 filed by the respondent no.1 against the judgment and decree dated 29.8.1984 passed by the Munsif (North), Sultanpur by means of which the Suit No.427 of 1981 filed by the respondent no.1 for specific performance of contract was dismissed.

(3.) As per the facts in brief, allegedly an agreement for sale dated 24.1.1979 was entered between the appellant (first party) and the respondent nos. 1 and 2 (second party) for executing a sale deed in respect of part of land bearing Plot Nos.1280 and 1281 situated in Village Manauli, Pargana Musafir Khana, District Sultanpur and a sum of Rs. 2000/- was paid by the plaintiff/respondent no.1 (purchaser) to the appellant (seller) and the sale deed was to be executed within two years after necessary correction is got made in the revenue records. The respondent no.2/Smt. Shivkala was also impleaded as one of the defendant along with the appellant in the suit filed by the respondent no.1.