RADHESHYAM Vs. JAGDISHPRASAD S/O CHATURBHUJ TIWARI

JUDGEMENT

(1.) THIS appeal under Section 100 of the C.P.C. is at the instance of the defendant in the suit challenging the reversal judgment of the first appellate court dated 11.8.1999 allowing the respondent's Civil Appeal No.36A/96 and decreeing the suit for specific performance. The trial Court by the judgment dated 19.11.1996 had dismissed C.S. No.25A/87.

(2.) THE respondent had filed the suit for specific performance and possession pleading that the agreement dated 21.9.1981 was executed by the defendant Premchandra (appellants are L.R.s of Premchandra) for sale of the suit land and had received Rs.2,500/- and delivered the possession, and balance amount of Rs.2,750/- was to be paid at the time of registration of the sale deed after diversion. The appellant did not execute the sale deed inspite of the repeated request by the respondent. On 17.9.1984 the respondent had given balance amount of Rs.2,750/- to Premchandra and he had also given the receipt thereof, but the registry was not executed and on 24.1.1987 Premchandra had taken back the possession. Therefore, suit for specific performance and possession was filed.

(3.) THE trial Court by the judgment dated 19.11.1996 had dismissed the suit holding that the agreement was proved between the parties but the respondent had not paid the balance amount of Rs.2,750/- in pursuance to the agreement, and he had executed the forged receipt Ex.P/2. The agreement was also found to be vague. Accordingly the suit was dismissed. The first appellate court has reversed the judgment of the trial Court and has granted the decree for specific performance.