JUDGMENT :- This is defendants second appeal from a decree dated 20-11-67 passed by the 1st Additional Civil Judge Bulandshahr confirming the judgement and decree passed by the 1st Munsif, Bulandshahr, decreeing the suit for specific performance in favour of plaintiff-respondent no. 1.

2. The facts giving rise to this appeal briefly stated are that the suit was originally filed by Jagdish Prasad respondent no. 2 on the allegations that the defendant-appellant Mool Chand had executed an agreement to sell his land in his favour for a sum of Rs. 4,200/- and had received Rs. 900/- as advance. An agreement was duly executed on 1-10-1965. The sale deed was to be executed by 2-12-1965. Since the defendant-appellant failed to execute the sale deed, Jagdish Prasad filed a suit for specific performance on 6-12-1965. By means of an amendment application moved on 30-4-1966 it was alleged by Jagdish Prasad that he was Benamidar of Ram Phool who is now plaintiff-respondent no. 1 and that it was Ram Phool who was the real purchaser of the disputed property. For that, there was an agreement executed between Jagdish Prasad and Ram Phool on 15-4-1966. The relief for specific performance was hence pra

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