S. MURTAZA FAZL ALI, C. J.:- These are two defendants appeals in a suit filed by the plaintiffs for specific performance of a contract of sale of two shops and a house situate in Shalimar Road, Jammu. As the facts and the points arising in the two Appeals are identical, we propose to decide both the appeals by one judgment.

2. In first appeal No. 4 of-69- Harnam Singh V. Mohan Lal - the suit of the plaintiff which was based on the basis of an agreement to sell executed by Harnam Singh in favour of Mohan Lal dated 11-7-61 and 18-7-61 purporting to sell two shops and a house for Rs. 6,000 and Rs. 9,000 respectively, the plaintiff averred that the agreement was a valid one and the executant Harnam Singh agreed to execute a sale deed within one year of the date of the agreement but did not perform his part of the contract in spite of persistent demands by the plaintiff.

3. The suit was resisted by Harnam Singh defendant mainly on the ground that the agreement was void as it had been obtained by the plaintiff through fraud and undue influence. The defendant further pleaded, that the property being ancestral, there was no legal necessity to justify the sale in favour of Mohan Lal plaint

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