ABDUL KHALIQ Vs. HATIM

JUDGEMENT

(1.) Heard Shri M.A. Siddiqui, learned counsel for the appellant. No one appears on behalf of the respondents.

(2.) This is plaintiff's second appeal against the judgment and decree dated 7.9.1987 passed by VIII Additional District Judge, Meerut in Civil Appeal No. 550 of 1982 whereby Judgement and decree dated 20.11.1982 passed by Munsif, Hawali, Meerut in Original Suit No.189 of 1975 decreeing the suit of the plaintiff has been set aside and the suit has been dismissed.

(3.) The plaintiff instituted Original Suit No. 189 of 1975 praying for decree of specific performance of an agreement to sell dated 17.4.1971 in respect of 11/26 share of plot no. 170 area 7 Biswas, plot no.171, measuring 8 Biswas, plot no.172, measuring 1 Bigha 9 Biswas, plot no. 179 measuring 1 Bigha, plot no. 180 measuring 1 Bigha and plot no. 181 measuring 1 Bigha12 Biswansis for an amount of Rs. 5, 000/-.The plaintiff issued notice dated 2.1.1975 asking the defendant to appear in the office of Sub-Registrar, Saradhan on 4.2.1975 for executing of the sale deed but the defendant failed to appear and hence suit.