HARISH KUMAR Vs. GOPI AND ANR

JUDGEMENT

(1.) Harish Kumar plaintiff has filed the instant second appeal, after having remained unsuccessful in both the courts below.

(2.) Appellant filed suit against respondents Gopi and Smt. Brahma Devi for specific performance of the agreement to sell dated 18.01.2000 and also sought relief of mandatory injunction and permanent injunction.

(3.) Plaintiff's case is that defendant No. 1 agreed to sell the suit land measuring 37 kanals 19 marlas to the plaintiff for Rs. 8,54,000/- and received the entire sale price in advance and executed agreement dated 18.01.2000 and also executed a separate receipt. However, defendant No. 1 instead of executing sale deed in favour of the plaintiff, sold the suit land to defendant No. 2 vide registered sale deed dated 07.06.2004. The said sale deed has also been challenged in the suit as null and void.