RAMBABU SHARMA Vs. BRIJ MOHAN

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal under Section 100 of CPC filed by the plaintiff is directed against the judgment and decree dated 20.01.2006 passed by the VIIIth Additional District Judge, Gwalior in Civil Appeal No. 24A/2005 confirming the findings recorded by 8th Civil Judge Class -I by judgment dated 11.2.05 passed in Civil Suit No. 18A/2003 whereby the suit filed by the plaintiff seeking specific performance was dismissed as barred by limitation.

(3.) DEFENDANTS who are the legal heirs of the seller have denied the execution of agreement to sell on the pretext that it was a loan transaction which has been repaid by them. They have further denied the execution of the receipt Ex -P/2 inter -alia contending it as forged one. It is further said that as per agreement Annexure P -1 loan was received which was repaid by the father, therefore during life time of the father the suit was not filed by the plaintiff and after his death, and about six years of execution of agreement the suit has been filed which cannot be decreed, therefore it may be dismissed.