RAMESH CHANDRA MADOIYA AND ORS. Vs. SHYAM SUNDER

JUDGEMENT

(1.) This First Appeal under Sec. 96 of C.P.C has been filed against the Judgment and Decree dtd. 26/9/2003 passed by 3rd A.D.J., Vidisha in Civil Suit No. 30A/2002 and a decree for specific performance of contract has been granted.

(2.) The appellant is the legal heir of Smt. Janakibai, Wd/o Late Shri Manakchand Maheshwari. The defendants no. 1 and 2 are the sons of Late Shri Sunnulal. Both the appellants no.1 and 2/defendants no. 1 and 2 have expired during the pendency of this appeal and their legal representatives have been brought on record. As appellant no.3 also died during the pendency of this appeal, therefore, her legal representative was also brought on record. The defendant no. 4 died after the passing of the impugned Judgment and Decree but prior to filing of the appeal, and since there is a will Ex.P/5, therefore, no appeal has been filed on behalf of her legal heirs.

(3.) The necessary facts for disposal of the present appeal in short are that Plaintiff/respondent filed a suit for specific performance of Contract on the ground that Late Sunnulal was the owner of a house situated in Kagadipura Colony, in front of Meghdoot Talkies and the boundaries of the same are as under :