MOHANLAL Vs. AMARCHAND

JUDGEMENT

(1.) Appellant-defendant has filed this second appeal under Sec. 100 CPC, aggrieved by the judgment and decree dtd. 5/12/2013 passed in Civil First Appeal No.12/2009 by the Additional District Judge, Tijara, District Alwar dismissing the appeal and affirming the judgment and decree dtd. 29/11/2008 in Civil Suit No.38/2003 by the Civil Judge (Jr. Division), Alwar whereby and whereunder the suit for specific performance of agreement, filed by the respondent-plaintiff, has been decreed on merits in following terms:-

(2.) Heard learned counsel for both parties and perused the material available record.

(3.) The relevant facts of the case, as culled out from the record, are that plaintiff and defendant both are real brothers and plaintiff instituted a civil suit seeking specific performance of an agreement to sell date dtd. 15/6/1979 executed by the defendant in respect of land bearing Khasra No.210 measuring 1 bigha situated at village Surawas, Tehsil Tijara, District Alwar against the sale consideration of Rs.4,000.00.