BHERU SINGH Vs. BHEEM SINGH

JUDGEMENT

(1.) Heard.

(2.) The present second appeal is arising out of judgment dated 30/9/2014 passed in C.S.No. 84A/2013 by which a decree for specific performance contract has been passed. Appeal is also arisingout of judgment dated 23/2/2015 passed by the 2nd Additional District Judge, Indore in C.A.No. 27/2014, decided on 23/2/2015.

(3.) Facts of the case reveal that the plaintiff has filed a suit for specific performance of contract dated 21/3/1994 and it was pleaded by the plaintiff that his real brother who is defendant has entered into an agreement on 21/3/1994 for sale of roof of the suit house and after the agreement was executed, the plaintiff has constructed rooms over the roof and thereafter the defendant, who is real brother, wanted to dispose of the house by selling it to a stranger.