JANG BAHADUR Vs. BHAGAUTI DEVI

JUDGEMENT

(1.) This is a defendants' Second Appeal. The Suit as was filed by the plaintiff was dismissed. However, the Appellate Court decreed the First Appeal. Hence the instant Second Appeal.

(2.) The suit was filed with an allegation that the plaintiff and the defendant had entered into a registered agreement to sell with regard to half of the area of the plot no.940.

(3.) The Trial Court framed as many as six issues but since the finding with regard to Issue Nos.1, 3 and 4 was to the effect that the execution of the agreement was not proved, it held that the plaintiff was not entitled to get the sale executed in pursuance of the document dated 13.10.1986. The Appellate Court, however, reversed the judgment and specifically found that the document dated 13.10.1986 was a registered agreement to sell and that the plaintiff had proved the same in accordance with law and thereafter decreed the suit.