1. This civil first appeal is directed against judgment and decree dated 30th of October, 2001 passed by 4th Additional District Judge, Srinagar in a suit titled as Raja Abdul Aziz Lesoo & Ors. Versus Mohammad Maqbool Patoo, whereby the suit for grant of decree of specific performance, came to be granted, hereinafter for short as impugned judgment.

2 Raja Abdul Aziz Lesoo, plaintiff filed a suit for specific performance of contract on the ground that defendant/appellant herein has executed a deed of agreement to sell in his favour for land measuring 13 marlas falling under khewat No. 102 Min and survey No. 242 Min situated at Owanta Bhawan Tehsil Ganderbal.

3 Defendant resisted the suit on various grounds and following issues came to be framed:-

1. Whether the plaintiff is in possession of the suit land from 1997 and continues to be so till date? OPP

2. Whether the plaintiff has served notice dated 29th May, 1984 upon the defendant to obtain the revenue papers with regard to the land from the Patrwari and execute the sale deed in his favour? OPP

3. Whether an amount of Rs. 23,000/have been received back by the plaintiff in lieu of the amount of Rs. 20,000/paid by him to the defendant at

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