GAJANAND Vs. RAMNATH

JUDGEMENT

(1.) THIS second appeal has been preferred by the plaintiff being aggrieved by the dismissal of his suit by the Trial Court. The judgment and decree passed by the Trial Court has been affirmed by the First Appellate Court.

(2.) BRIEFLY stated the facts are-- the plaintiff filed the suit for specific performance of agreement to sell and also for recovery of possession from defendant No. 2, who allegedly has committed trespass, as per the plaintiff, over the suit property, which comprises of agricultural land in area six bighas situated in village Indrapura, Tehsil and District Sheopurkalan. The agreement to sell the disputed property was entered into by the defendant, Ram-nath, with the plaintiff. During the pendency of the suit the defendant executed the sale-deed in favour of the plaintiff.

(3.) THE defendant No. 1 admitted the plaint allegations in the written statement filed by him.