DASHRATH KISAN BONDADE Vs. SHYAM SUNDER MADANLAL KHANDELWAL

JUDGEMENT

(1.) This is defendants appeal.

(2.) The facts giving rise to this appeal are as follows:

(3.) The defendants resisted the suit. The defendants denied the allegations made by the plaintiff. It is the contention of the defendants that defendant No. 1 is a person who is more than 70 years of age. He has no power of understanding. Taking undue advantage of this, the plaintiff played fraud on defendant No. 1. The agreement was never readover to the defendant. The defendant did not consult his sons. The land is a Kotwal Dunga land which was given to defendant No. 1 by the Government. This fact was known to the plaintiff. The said land could not be sold without permission of the Government. It is contended that therefore the plaintiff is not entitled to a decree for specific performance. It is further contended that the price as offered by the plaintiff is too inadequate. The plaintiff not being agriculturist is also not entitled to decree for specific performance.