CHANDRA BHAL Vs. BALKRISHNA SHUKLA

JUDGEMENT

(1.) Heard Mohd.Arif Khan, learned Senior Advocate assisted by Mr.Mohiuddin Khan, learned counsel for the appellant and Mr.B.K.Saxena, learned counsel for the respondent.

(2.) The second appeal has been filed under Section 100 C.P.C. against the judgment and decree dated 22.2.2011 passed in Civil Appeal No.8 of 2008 arising out of the judgment dated 11.5.2007; Balkrishna Shukla Vs. Chandrabhal passed in Regular Suit No. 275 of 2003.

(3.) As per the given facts borne out from the records, the respondent/plaintiff had filed a suit for specific performance of the contract for sale. The suit was contested by the appellant/defendant by filing the written statements. On the basis of the pleadings of the parties the trial court had framed certain issues which were decided and the suit was decreed in favour of the respondent/plaintiff. Being aggrieved the appellant/defendant had filed appeal before the lower appellate court which too has been dismissed by the impugned judgment and decree dated 22.2.2011. The instant second appeal has been filed thereafter.