CHANDRAKANT PATEL Vs. SHAKOOR KHAN

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal is by the plaintiff against the judgment and decree dated 26.2.2005 passed by District Judge Guna in Civil Appeal No. 46A of 2002 partly decreeing the suit of the plaintiff setting aside the judgment and decree of the trial court dated 10.4.2002 passed in Civil Suit No. 29A of 1995 by II Civil Judge Class I Guna.

(3.) THE defendant filed his written statement denying the plaint averments and also denied execution of the agreement to sell. The defendant has further denied the readiness and willingness, and said that execution of the sale deed was not possible without permission of the competent authority. It is said that permission was not granted for a decade, therefore, amount received by him have been refunded to the plaintiff. The objection with respect to filing of the suit as barred by limitation has also been raised making prayer to dismiss the suit.