BALKAR SINGH Vs. GURDIT SINGH

JUDGEMENT

(1.) THE contention of the learned Counsel for the appellant is that the learned trial Court in para 17 of its judgment has observed as under:

(2.) IT is the contended case of the appellant that when the findings regarding the validity of the agreement to sell have been categorically recorded, the finding thereafter regarding the same being for security purpose was totally erroneous. The findings were affirmed by the first Appellate Court and the alternate relief for recovery of the amount was granted to him in the following terms:

(3.) DURING the course of arguments, it transpires that a Regular Second Appeal bearing No. 1625 of 2006 had been filed by the vendor and the respondent was arrayed as defendant in the suit filed by the appellant. In that appeal, the following order was passed: