HIRA LAL DUBEY Vs. DHIRENDRA NATH DUBEY

JUDGEMENT

(1.) Heard learned counsel for the defendant-appellant and learned counsel for the plaintiff-respondent.

(2.) Initially an Original Suit No.334 of 2008 was instituted by the plaintiff-respondent Dhirendra Nath Dubey against defendant-appellant Hira Lal Dubey for relief of specific performance of the contract. The suit was decreed in favour of the plaintiff vide order dated 10.7.2013 passed by the 2nd Additional Civil Judge (Senior Division), Bhadohi. Being aggrieved by the order, the defendant-appellant preferred the first appeal, which was dismissed by the Additional District Judge, Court No.3, District-Bhadohi (Gyanpur) vide order dated 14.10.2016. Being aggrieved by the orders of the Courts below, the instant second appeal is before this Court.

(3.) It has been submitted on behalf of the defendant-appellant that no such agreement to sell dated 15.11.2006 was ever executed by defendant in favour of the plaintiff with respect to the property disclosed in the plaint and the defendant had taken a plea that he accompanied the plaintiff to a certain office in connection with loan formality and in the garb of loan papers, the signatures of the defendant were obtained. As such, fraud was committed by the plaintiff against the defendant.