MAHENDRA Vs. KAILASH

JUDGEMENT

(1.) This Second appeal is filed by the appellant (original defendant) against the Judgment and Order, dated 8.5.2009 passed by Adhoc District Judge4, Nagpur in Regular Civil Appeal No.607 of 2008, which was allowed and whereby the decree was granted for specific performance. The said First Appeal arose from the Judgment and Order, dated 20.9.2008 passed by the 3rd Civil Judge (Sr.Dn.), Nagpur (trial Court) in Regular Civil Suit No. 34 of 2004. The suit was partly decreed for refund of earnest sum only with interest.

(2.) Brief facts are as under :

(3.) The prayer in the suit was for specific performance of the agreement to sell the suit land pursuant to the agreement (Exh.30). Suit was defended on the ground that the plaintiff had advanced a sum of Rs. 50,000/ to defendant no.1 and that the said agreement to sell, dated 21.8.2000 was not duly stamped and was bogus.