MADANLAL Vs. RAMU

JUDGEMENT

(1.) The instant second appeal under Sec. 100 CPC has been filed by appellant-plaintiff, feeling aggrieved by dismissal of his civil suit for specific performance of an agreement dtd. 31/12/1985, vide judgment and decree dtd. 2/9/2006 passed in Civil Suit No.155/1998 (167/2003) by the Court of Civil Judge (Sr. Division) Sambharlake, District Jaipur which has been affirmed in first appeal No.28/2006 by the Court of Additional District Judge No.1, Sambharlake District Jaipur vide judgment dtd. 28/8/2019.

(2.) Heard learned counsel for appellant.

(3.) It appears that both courts below have concurrently held that appellant-plaintiff could not prove execution of agreement dtd. 31/12/1985 (Ex.1). The appellant-plaintiff claimed to purchase land of 8 biswa of Khasra No.547, measuring total 21 bigha 10 biswa, against sale consideration of Rs.2,000.00 and to obtain possession of the same. It is admitted case of plaintiff that vide sale deed dtd. 18/9/1998 (Ex.2), land of 8 bigha 6 biswa out of Khasra No.547 has been sold to defendant No.3. Plaintiff came out with a case that defendant No.3, on the basis of his registered sale deed dtd. 18/9/1998, wants to dispossess the plaintiff from his purchased land of 8 biswa and therefore, he instituted the present civil suit.