ABDUL SALAM Vs. JAGDISH PRASAD

JUDGEMENT

(1.) -HEARD Sri Ashok Nath Tripathi, learned Council the appellant and Sri A. K. . Sand, learned Counsel for the caveator/respondents.

(2.) THE instant second appeal arises out of the judgment and order dated 6. 2. 2003 passed by the Additional Civil Judge (Senior Division), Court No. 8, Meerut, in Original Suit No. 235 of 1992 and also the judgment and order dated 11. 2. 2008 passed by the Additional District and Sessions Judge, Court No, 10, Meerut, in Civil Appeal No. 37 of 2003 confirming the judgment and order of the Trial Court.

(3.) THE plaintiff Abdul Salam Qureshi was tenant of the defendant Jagdish Prasad Gupta at the rent of Rs. 35 per month. According to the plaintiff, his tenancy subsisted till 16. 10. 1970 and thereafter an agreement was executed between them on 17. 10. 1970, it was an agreement to sell. The deed was registered and the sale consideration was Rs. 31,000/ -. An amount of Rs. 15,500/- was paid at the time of execution of the deed. A suit for specific performance was instituted on the ground that the defendant Jagdish Prasad Gupta had executed a registered agreement to sale relating to the house in question on 17. 10. 1970 of his 11/12 share situated in Mohalla Sarai Khair Nagar, at Meerut City, for a consideration of Rs. 31,000/ -. Prior to this, S. C. C. suit was instituted by the defendant Jagdish Prasad Gupta against the plaintiff for eviction on the ground of arrears of rent, which was dismissed on 10. 9. 1993 holding that regular payment of Rs. 232. 50 per month by the plaintiff was towards part performance of the agreement to sale and the amount of Rs. 232. 50 per month by the appellants was an interest at the rate of 1. 5% per month on balance sale consideration of Rs. 15,500/-, Revision filed by the defendant was allowed on 29. 3. 1996. The revisional order was challenged by the appellants in Writ Petition No. 14259 of 1996, which was allowed by this Court.