SARASWATIBAI Vs. PRATIBHATAI

JUDGEMENT

(1.) Second Appeal No. 190/1988

(2.) THIS appeal is filed by the original defendants challenging the judgment and decree passed by the learned Second Additional District Judge allowing the appeal filed by the respondent (original plaintiff), setting aside the judgment and decree passed by the Trial Court and granting decree for specific performance of contract of sale.

(3.) THE original defendant opposed the claim made by the original plaintiff. The original defendant stated in the written statement that the plaintiff had agreed to pay Rs. 5355/ - at the time of the execution of the sale -deed and this amount was not paid and, therefore, the contract came to an end. The original defendant contended that the original plaintiff committed breach of contract and was not entitled for the specific performance of the contract.