CHANDER Vs. GHUTMAL

JUDGEMENT

(1.) This appeal is by the defendants; they impugn a judgment dated 20/03/2002 passed by the Single Bench of this Court which affirmed the judgment and decree dated 28/02/1981 passed by the Additional District Judge No.1, Alwar (hereafter "the trial court") decreeing plaintiff (respondent's) suit for specific performance of contract dated 27/02/1974.

(2.) After filing of this special appeal, the original appellant expired; as did the plaintiff/respondents. Their legal representatives were impleaded; the latest amended cause title dated 19/12/2016 is taken on record. The special appeal was preferred prior to coming into force of the amendment made inserting Section 100-A CPC whereby such appeals were barred - against the judgment of the Single Judge before the Division Bench. The special appeal is held to be maintainable since the said provision came into force after its filing.

(3.) It is further noticed that the appeals before the Single Judge as well as before this Court were preferred by the third and fourth defendants, who claimed that they had already entered into an agreement earlier with the promisers- first two defendants to purchase of the suit property by agreement dated 25/09/1973. They also claimed that they had executed a sale deed accordingly in their favour from the promisers on 28/05/1974.