JAMNALAL Vs. CHANDMAL

JUDGEMENT

(1.) Being aggrieved by the Judgment and the Decree dated 6-10-88 passed by I ADJ, Dhar in Civil Appeal No. 8-A/86 whereby the appeal filed by the appellant was dismissed and the judgment and decree dated 30-4-84 passed by Civil-Judge class-II, Sardarpur in Civil Suit No. 52-A/ 81 was maintained, the present appeal has been filed which was admitted by this Court vide order dated 3-5-89 on the following substantial questions of law :

(2.) Short facts of the case are that present appellant filed a suit for specific performance alleging that respondent is the owner of the suit property who entered into an agreement with the appellant on 6-5-78 for selling the suit property for a consideration of Rs.3,100/-. It was alleged that sale-deed could not take place at that time because the appellant was not having the money. It was also alleged that suit property was taken on rent by the appellant @ Rs. 17/- per month. Further case of the appellant was that after taking possession of the accommodation as tenant, appellant repaired the suit property by spending a sum of Rs. 230/-. On 15-4-81, appellant asked the respondent to execute the sale-deed after obtaining a sum of Rs. 3100/- but the respondent denied, hence the suit was filed. The suit was contested by the respondent.

(3.) On the basis of pleadings of parties, learned trial Court framed the issues, recorded the evidence and dismissed the suit, against which an appeal was filed which was also dismissed.