(1.) THIS is an appeal by defendant Faujmal from the appellate judgment and decree of the learned Civil Judge of Uduipur dated April 6, 1959, confirming the judgment and decree of the learned Munsiff of Rajsamand dated April 28, 1958, in a suit for specific performance of a contract for sale of immoveable property.
(2.) NATHULAL (defendant No. 1) mortgaged his two shops situated in village Jilola to the plaintiff and one other person on Baisakh bad 7, Sm. 2001 for Rs. 1100/-and this fact is not disputed. The plaintiff claimed that Nathulal entered into a contract to sell one of the shops to him for Rs. 300/-and executed agreement Ex. 1 to that effect on February 6, 1955. It was also the plaintiffs case that he was all along prepared to pay Rs. 300/- and have the sale deed executed in his favour but nathulal avoided doing so and ultimately executed a sale deed of the suit shop in favour of Ranglal (defendant No. 2) on July 11, 1957. This is why the plaintiff instituted his suit on July 25, 1957, soon after the disputed sale, for specific performance of the contract in his favour.
(3.) DEFENDANT Nathulal denied that he entered into a contract for the sale of the shop to the plaintiff and pleaded that Ex. 1 was a forged document. The other defendant Ranglal pleaded that he had purchased the property for Rs. 1951/without knowledge of any contract of sale in the plaintiff's favour. He did not admit that there was an earlier agreement for the sale of the property to the plaintiff. Some other pleas were taken in the written statement which are not material.
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