MANOHAR LAL Vs. RAJESHWARI DEVI

JUDGEMENT

(1.) PLAINTIFF - appellant Manohar Lal filed a suit against the respondents for specific performance of an agreement said to have been executed by Smt. Rajeshwari Devi respondent No. 1 on 16-4-1967 (Ext. 14) in favour of appellant Manohar Lal promising to sell certain land for Rs. 2,000. It was alleged in the plaint that plaintiff Manohar Lal had paid Rs. 1,000 to Smt. Rajeshwari Devi by way of earnest money and she promised to transfer the land in appellant's favour after obtaining a bhumidhari Sanad for the land. It was alleged in the plaint that respondent No. 1 in spite of several demands failed to execute the sale deed and, therefore, a decree for specific performance was prayed for.

(2.) THE defence of defendant No. 1 Smt. Rajeshwari Devi was that she never executed an agreement to sell land in favour of plaintiff Manohar Lal and that by exercise of fraud he had obtained her thumb impression on certain papers. She denied having received Rs. 1,000 as earnest money. THE trial court disbelieved the plea of fraud, held that there was a contract between Manohar Lal and Smt. Rajeshwari Devi under which she promised to transfer the disputed land in favour of the appellant and awarded a decree for specific performance against defendant No. 1 only.