INDAL KUMAR KUSHWAHA Vs. RAJESH KUMAR GUPTA

JUDGEMENT

(1.) PANKAJ Mithal, J.-This second appeal has been preferred by the defendants of Original No. 210 of 1984, Achchey Lal Gupta and others v. Indal Kumar Kushwaha and others, after the suit for specific performance of the agreement to sell had been decreed against them by the two courts below.

(2.) THE defendants Indal Kumar Kushwaha and Raja Ram Kushwaha were undisputedly the bhoomidhars with transferable rights in possession of the following plots of land situate in Tafsil Jail Waka Mauja Banakteechak, Tappa Kasba, Pargana Haweli, Tehsil Sadar, district Gorakhpur : Arazi No. Rakba 15 0-0-9-1/2 16 -12-1/2 17 -9-9- 18 -32-3- 19 -2-7- 20 -25-2- 25 -6-6- Total 90 Decimal

(3.) THE parties adduced evidence. THE suit was decreed vide judgment and order dated 12.12.1989 and the appeal was dismissed on 16.11.1995. Aggrieved by the decree of the specific performance so passed by the courts below, the defendants-appellants have preferred this second appeal.