RAJENDRA SINGH Vs. CHANDRA PAL

JUDGEMENT

(1.) In Re: Review application 353959 of 2016

(2.) The Original Suit no. 92 of 2009 (Rajendra Singh Vs. Chandra Pal) was filed for the relief of specific performance of contract. This suit was decided by the court of Civil Judge (S.D.), Chandausi, Moradabad on 25.4.201 By this judgment, trial court had found the case of plaintiff proved but declined the main relief of specific performance of contract of sale of immovable property, and decreed the suit for alternative relief of return of advance consideration to plaintiff which he had paid to defendant at the time of execution of registered agreement to sell in question. Against said judgment of trial court Civil Appeal no. 59 of 2012 (Rajendra Singh Vs. Chandra Pal) was preferred by plaintiff of the original suit, which was heard and dismissed by the judgment dated 30.11.2015 of Additional District Judge, Court No. 12, Moradabad.

(3.) Against the judgment of two lower courts Second Appeal no. 291 of 2016 was preferred before this Court, in which both the parties appeared through counsel. This court had afforded opportunity of hearing to counsels for the parties, considered their arguments on merits, discussed the points presented by them before the court and thereafter allowed the appeal by its judgment dated 15.2016. By this judgment in Second Appeal, this Court had granted main relief of specific performance of contract to plaintiff/appellant and modified the judgments of lower courts accordingly.