RAGHUVEER Vs. BABU LAL

JUDGEMENT

(1.) This is S.B. Civil Second appeal by the defendant against the judgment and decree dtd. 23/4/1993 whereby learned additional District Judge, Hindaun city setting aside the judgment and decree dtd. 7/1/1991 passed by the then Munsif, Hindaun city decreed the plaintiff-respondent's suit for a sum of Rs.5,000.00 with interest.

(2.) The relevant facts for disposal of this second appeal are that the plaintiff Babu Lal filed a civil suit in the Court of learned Munsif, Hindaun city with the averments that he advanced a sum of Rs.6,000.00 to the defendant on 30/6/1977 An agreement was executed in plaintiff's favour. On 5/5/1980 the defendant agreed to sell his agricultural land for a consideration of Rs.5,000.00 out of Rs.6.000 already advanced to the defendant. But the defendant failed to perform his part of the contract. The plaintiff, thus made a prayer for specific performance of the agreement.

(3.) The defendant in written statement denied all the averments of the plaint