RAGHUVAR Vs. ASHARAM

JUDGEMENT

(1.) HEARD on the question of admission. This appeal is filed by the defendant challenging judgment and decree passed by two Courts below, whereby suit filed by the defendant for specific performance of an agreement dated 8.1.1987 is decreed.

(2.) THE contention of learned counsel for the appellant is that defendant has not filed written agreement and in absence of written agreement decree for specific performance cannot be passed. From perusal of the allegations, it appears that agreement between the parties was oral. There is provision under the Act for interference into the oral agreement. The two Court below after appreciating the evidence have concurrently found that agreement between the parties is proved, hence this question is pure question of fact.

(3.) ACCORDINGLY , no substantial question of law is involved in this appeal, hence appeal is dismissed. Consequently, IA No. 3380/99 stands dismissed.