RAMESHWAR PRASAD KISHAN SHRIVASTAVA Vs. RAKESH HARIRAM SHRIVASTAVA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 8-2-1983 of the Additional District Judge, Sagar, passed in Civil Appeal No. 45-A/1982 (arising out of the judgment and decree dated 6-2-1979 of Additional Civil Judge Class II, Sagar passed in Civil Suit No. 12-A/1978) whereby the decree for specific performance of the contract of sale of l/3rd share of defendant's house has been confirmed.

(2.) BRIEF history of the case is that the plaintiff/respondent filed a suit before the Trial Court on 5-1-1978 with the assertion that the defendant (appellant herein) executed an agreement of sale of l/3rd of his share in the ancestral house on 25-2-1968 and received consideration of Rs. 3,000/- in lieu thereof. Despite notice and requests from the plaintiff, defendant refused to execute the sale deed and further refused to get the same registered.

(3.) DEFENDANT denied the claim of the plaintiff and pleaded that he is owner of the suit property, house No. 252, Lajpatpur, Sagar; plaintiff is his nephew and he and his ancestors have no share in the suit house. He denied the execution of the document.