APPARAO NARAYAN Vs. REYAZ AHMED

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondent.

(2.) The appellant/plaintiff had filed a suit for specific performance of contract. The defendant/respondent claimed that it was a money lending transaction and the agreement was never intended to be acted upon.

(3.) On the basis of the pleadings and evidence produced by the parties to the suit, the learned Trial Court dismissed the suit of the plaintiff holding that it was a money lending transaction and the suit of the plaintiff was barred by limitation. The First Appellate Court reversed the judgment of the Trial Court and held that it was an agreement to sell. However, the plaintiff is not entitled to specific performance of contract and the suit was well within limitation.