GULAB DEVI Vs. NARANGI DEVI

JUDGEMENT

(1.) This first appeal under Sec. 96 CPC has been filed by plaintiff (now deceased and represented through his legal heirs) against the judgment and decree dtd. 24/11/1981 passed by the Additional District Judge, Jaipur City, Jaipur in Civil Suit No.192/1980, whereby and whereunder the civil suit for specific performance and declaration, filed by plaintiff has been decided in a manner that an alternative prayer of the plaintiff to declare sale deed of defendant No.1 dtd. 5/4/1980 as null and void, has been granted to the extent of bukhari but the principle prayer of specific performance seeking directions against defendants No.1 and 2 to sell the two shops in question to the plaintiff on the basis of an agreement dtd. 5/7/1969, has been declined and plaintiff's suit for specific performance has been dismissed.

(2.) The facts of case, leading to the present first appeal and cross-objections, in a nutshell, are as under:- 2.1 Plaintiff instituted present civil suit jointly against defendants No.1 and 2 on 1/5/1980, seeking a decree for specific performance on the basis of an agreement dtd. 5/7/1969 and for seeking a direction against the defendants to sell and deliver the possession of both the two shops in questions to plaintiff.

(3.) During course of this first appeal, plaintiff passed away, hence her legal heirs have come on record. Defendant No.1 and 2 also died during course of this first appeal, hence their legal representatives have also come on record.