BIRU RAM Vs. BARKHA RAM

JUDGEMENT

(1.) C .M. No. 10179-C of 2003 For the reasons mentioned in the application, delay of 50 days in re-filing the appeal is condoned. RSA No. 4040 of 2003

(2.) THIS is defendant's second appeal against the judgment of the learned Trial Court dated 8.5.2002 and the First Appellate Court dated 1.2.2003.

(3.) THE appellants who contested the suit contended that there was no agreement to sell and denied the receipt of the earnest money. Fraud was pleaded and it was denied that the respondents were put in possession of the suit property. It was pleaded that on the pretext of getting pension papers signed, thumb impression of appellant No. 1 was taken which has been abused to execute the agreement. It was further pleaded that on 30.7.94 appellant No. 1 had executed an agreement with the respondents regarding Khasra No. 187 but the agreement was cancelled and the earnest money was forfeited. Trial Court framed the following issues :