( 1 ) JUDGMENT in this appeal shall also govern disposal of First Appeal no. 11 of 2000, (Prahlad Das Agarwal v. Vimlesh Kumari Kulshrestha and another ).

( 2 ) APPELLANT, Sambhajirao, who is owner of the suit house situated at Plot No. 19 in mahalla Angre-Ka-Bada, Lashkar, Gwalior, had entered into an agreement on 1-4-1986 to sell the house to respondent No. 1, vimlesh Kumari, for a consideration of Rs. 48,000/- out of which Rs. 24,000/- were paid as advance. It is also not disputed that respondent No. 1, Vimlesh Kumari, had also filed a Civil Suit No. 228-A/86 in the Court of III Civil Judge, Class II, Gwalior, in respect of the same property, however, it was withdrawn vide order dated 6-5-1987.

( 3 ) RESPONDENT No. 2, Prahladdas had applied to be impleaded as a party in this case on the ground that the appellant had also entered into subsequent agreement dated 9-9-1986 to sell the same house to him for which he filed a separate civil suit for specific performance of the contract which was dismissed, against which an appeal is still pending.

( 4 ) THE learned trial Court, Second Additional Judge to the District Judge, Gwalior vide Judgment dated 18-9-1999 passed in