SAMBHAJIRAO Vs. VIMLESH KUMARI KULSHRESTHA

JUDGEMENT

(1.) Judgment in this appeal shall also govern disposal of First Appeal No.11 of 2000, (Prahlad Das Agarwal v. Vimlesh Kumari Kulshrestha and another).

(2.) Appellant, Sambhajirao, who is owner of the suit house situated at Plot No. 19 in Mahalla Angre-Ka-Bada, Lashkar, Gwalior, had entered into an agreement on 1-4-1986 to sell the house to respondent No.1, Vimlesh Kumari, for a consideration of Rs. 48,000/- out of which Rs. 24,000/- were paid as advance. It is also not disputed that respondent No.1, Vimlesh Kumari, had also filed a Civil Suit No. 228-A/86 in the Court of III Civil Judge, Class II, Gwalior, in respect of the same property, however, it was withdrawn vide order dated 6-5-1987.

(3.) Respondent No. 2, Prahladdas had applied to be impleaded as a party in this case on the ground that the appellant had also entered into subsequent agreement dated 9-9-1986 to sell the same house to him for which he filed a separate civil suit for specific performance of the contract which was dismissed, against which an appeal is still pending.