MUSTAFA Vs. VAKIL ALIAS IQBAL

JUDGEMENT

(1.) POONAM Srivastav, J. Heard Sri S. D. Kautilya, learned Counsel for the appellant and Sri Anurag Khanna, learned Counsel for the contesting respondent.

(2.) THIS is defendant's second appeal arising out of suit for specific performance of an agreement to sell. The plaintiffs suit was decreed and the appeal filed by the defendant/appellant was dismissed.

(3.) LEARNED Counsel for the appellant has raised a number of substantial ques tions of law, which mainly revolve around payment of Rs. 37,000/- in respect of which there is no receipt and also suit could not be decreed on the basis of subsequent agreement to sale. Reliance has been placed by the Counsel for the appellant on the two decisions; Md. Ziaul Hague v. Calcutta Vya-Pratisthan, AIR 1966 Cal. 605 Ganesh Shet v. Dr. C. S. G. K Setty and others, AIR 1998 SC 2216. The Court below framed as many as 10 issues.