AJMER SINGH Vs. MAULVI ZAHOOR AHMAD

JUDGEMENT

(1.) Heard learned counsel for the appellants on point of admission of second appeal and perused the records. During hearing, it was found that this appeal may be decided at this stage on the basis of admitted facts. Therefore, it is accordingly being decided.

(2.) Admittedly Original Suit no. 549/1989, Maulvi Zahoor Ahmad v. Smt. Bharto & others, was filed for specific performance of contract of sale of property. After affording opportunity of hearing, by its judgment dated 24.9.2013 the court of Ist Additional Civil Judge (Senior Division), Saharanpur had decreed this suit for alternative relief of advance consideration paid by plaintiff to defendant. Aggrieved by this judgment of trial court, first Civil Appeal No. 72/2013, Maulvi Zahoor Ahmad Vs. Smt. Bharto and others, was preferred by the plaintiff of the original suit for seeking relief of specific performance of contract. This appeal was heard and allowed by the Additional District Judge, Court No.-11, Saharanpur by its judgment dated 20.11.2015, by which decree of trial court for refund of advance consideration was amended and replaced by decree of specific performance of contract of sale.

(3.) Against this judgment of first appellate court, present second appeal has been preferred by defendants of the original suit.