NIMBO Vs. JAIMAL

JUDGEMENT

(1.) This is defendant's regular second appeal against judgment and decree of the Additional District Judge, whereby judgment and decree of the trial Court decreeing the suit of the plaintiffs was maintained.

(2.) Plaintiffs filed suit for specific performance as well as for possession of the suit property on the ground that defendant along with his sister Smt. Chhoti executed an agreement on 16.4.1985 for sale of the suit land along with all rights of shamlat deh etc. for a consideration of Rs. 1,40,000/-. A sum of Rs. 32,000/- was paid as earnest amount. Sale-deed was to be executed on or before 16.5.1985. It has also been stated in the plaint that pursuant to agreement dated 16.4.1985 Smt. Chhoti had executed sale-deed on 7.6.85 in respect of her share. Since defendant No. 1 had declined to execute the sale-deed as per agreement dated 16.4.1985, hence the present suit.

(3.) Defendants contested the claim of the plaintiffs on a number of grounds including that property in dispute stands already transferred in favour of sarvshri Sheoni Ram, Ram Kalan, Chhaju, Pala and Mewa (parties to the suit). In addition thereto, it has also been stated in the written statement that Smt. Nimbo had at no time agreed to sell the suit property and her thumb impression had been procured on plain papers and it is thereafter fictitious agreement has been drawn thereupon. On the pleadings of the parties, the following issues were framed :-