JUDGMENT :

1. This civil second appeal is preferred against the judgement and decree dated 4.6.2016 passed by the learned District Judge, Dholpur (Rajasthan) (for short-`the learned appellate court’) in regular civil appeal no.21/2010 whereby, while dismissing the appeal preferred by the appellant/defendant no.2 (for short-`the defendant no.2’), the judgement dated 23.2.2010 passed by the learned Additional Civil Judge (Jr. Division) No.1, Dholpur (for short- the learned trial court’) decreeing the suit filed by the respondent no.1/plaintiff (for short-`the plaintiff’) for specific performance, cancellation of sale deed and permanent injunction, has been upheld.

2. The relevant facts in brief are that the plaintiff filed a suit for specific performance of the agreement dated 5.7.1989, cancellation of sale deed dated 29.4.1993 and permanent injunction against the defendant no.2 and the respondents no.2 to 5 stating therein that the defendant no.1-late Shiv Charan, has executed an agreement to sell dated 5.7.1989 in plaintiff’s favour of his 1/2 share in the 17 biswas of land comprisin