GHEESHI BAI Vs. MANGI BAI

JUDGEMENT

(1.) In this second appeal filed under Section 100, C.P.C., the appellants are challenging the judgment and decree dated 21.04.1992 passed by the Addl. District Judge No.1, Udaipur in Civil Appeal No.43/1986, whereby, the Learned appellate Court reversed the judgment and decree dated 31.08.1985 passed by Addl. Civil Judge No.1, Udaipur in Civil Original Case No. 174/1978.

(2.) Challenge is made to the adjudication made on the issue of relief clause because the Learned appellate Court decided issues No.1, 2 and 3 in favour of the plaintiff-appellant; but, in the relief clause denied the relief of specific performance of agreement and passed the decree that the appellant will be entitled to the relief of payment of Rs.500/- which is part- payment made by the appellant2 plaintiff to the defendant when the agreement was executed along with 9% interest with effect from 22.12.1973.

(3.) According to brief facts of the case, appellant-plaintiff preferred suit against the defendant Mangi Bai and her father for specific performance of the agreement for sale of house for consideration of Rs.4,500/-. It is stated in the plaint that out of Rs.4,500/-, an amount of Rs.500/- was paid in cash towards advance; but, later on, the house was not sold to the appellant-plaintiff but sold to Bhanwar Lal and Bhanwar Lal purchased the property knowing it well that an agreement was entered into in between defendant-respondent and plaintiff-appellant.