LAWS(ALL)-2018-7-297

SARASWATI DEVI Vs. RAM SIA

Decided On July 30, 2018
SARASWATI DEVI Appellant
V/S
RAM SIA Respondents

JUDGEMENT

(1.) Heard Shri Punit Bhadauria learned counsel for the defendant-appellant and Shri Ram Kishore Pandey and Shri Dharmendra Singh Advocates on behalf of the respondent.

(2.) This is defendant's second appeal against the judgment and decree dated 21.11.2002 passed by Second Additional District Judge, Etawah in Civil Appeal No. 71 of 1998, whereby the judgment and decree dated 20.11.1998 passed by Shri Alok Saxena, Additional Civil Judge (Senior Division), Etawah in Original Suit No. 188 of 1994 was set aside and suit of the plaintiff has decreed.

(3.) Plaintiff instituted a suit for a decree of specific performance of contract and for declaration that the shops shown at the foot of the plaint have been constructed by the plaintiff. Alternative relief was sought by the plaintiff to the effect that if the court comes to the conclusion that under the circumstances of the case the plaintiff is not entitled to the decree of specific performance of contract then the amount of Rs. 10,000/- paid by her as advance sale consideration may be directed to be refunded to her by the defendant.