MAJIDAN Vs. ISHAQ BASHIR

JUDGEMENT

(1.) THIS Second Appeal, preferred un der Section 100 of the Code of Civil Pro cedure, 1908, is directed against the judgment and order dated 26-08-1987, passed by III Additional District Judge, Saharanpur, in Civil Appeal No. 24 of 1986, whereby the judgment and decree dated 20-01-1986, passed by the trial court (Civil Judge, Roorkee), in Original Suit No. 120 of 1970, decreeing the suit for specific performance of contract, is affirmed. (Earlier Tehsil Roorkee was part of District Saharanpur ).

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) BUT the defendants No. 2 to 9 contested the suit and filed their written statement challenging the contents of the plaint. It is pleaded by the contest ing defendants (present appellants) that no agreement was executed by Rahmati in favour of the plaintiffs. It is further pleaded by them that defendants pur chased the land in March 1971, after making payment of Rs. 20,000/- to the transferor (Rahmati ). It is further pleaded by the contesting defendants / appellants that had no knowledge of agreement of sale executed by Rahmati, in favour of the plaintiffs. .