MOOL CHAND Vs. RAM PHOOL

JUDGEMENT

(1.) THIS is defendants second appeal from a decree dated 20-11-67 passed by the 1st Additional Civil Judge Bulandshahr confirming the judgement and decree passed by the 1st Munsif, Bulandshahr, decreeing the suit for specific performance in favour of plaintiff-respondent no. 1.

(2.) THE facts giving rise to this appeal briefly stated are that the suit was originally filed by Jagdish Prasad respondent no. 2 on the allegations that the defendant-appellant Mool Chand had executed an agreement to sell his land in his favour for a sum of Rs. 4,200/- and had received Rs. 900/- as advance. An agreement was duly executed on 1-10-1965. THE sale deed was to be executed by 2-12-1965. Since the defendant-appellant failed to execute the sale deed, Jagdish Prasad filed a suit for specific performance on 6-12-1965. By means of an amendment application moved on 30-4-1966 it was alleged by Jagdish Prasad that he was Benamidar of Ram Phool who is now plaintiff-respondent no. 1 and that it was Ram Phool who was the real purchaser of the disputed property. For that, there was an agreement executed between Jagdish Prasad and Ram Phool on 15-4-1966. THE relief for specific performance was hence prayed for in favour of plaintiffs or either of them found entitled thereto. Necessary amendments were made in the plaint.

(3.) THE defendant-appellant Mool Chand preferred am appeal against that judgement and decree and disputed the aforesaid findings recorded by the trial court. THE learned 1st Additional Civil Judge, agreed with those findings and dismissed the appeal. Being aggrieved, this further appeal has been filed by Mool Chand defendant before this Court.