JUDGMENT :

1. This second appeal has been filed challenging the judgment dated 18.7.2009 and the decree dated 22.7.2009 passed by the learned Additional District Judge, Court No.11, Meerut in Regular Civil Appeal No.41 of 2008 (Braj Bhooshan Mithal vs. Jeet Singh) dismissing the appeal arising out of O.S. No.130 of 2008, filed by the plaintiff-appellant which was dismissed by the learned Civil Judge (Junior Division), City Meerut vide the judgment dated 11.3.2008 and the decree dated 17.3.2008, rejecting the plaint as barred by the provisions of Order VII Rule 11 of Code of Civil Procedure, 1908(CPC).

2. The facts of the case are that the plaintiff-appellant had instituted O.S. No.130 of 2001(Braj Bhooshan Mithal vs. Jeet Singh) before Civil Judge (Junior Division), City, Meerut for specific performance of contract, directing the defendant-respondent to execute the sale deed in pursuance of the registered agreement to sell dated 04.01.1983, in favour of the plaintiff-appellant in respect of land of Khata No.39, Khasra No.27, area 0-15-0, Khata No.33/1, area 2-0-0 and Khasra No. 8