S.C.SHARMA
Rekha W/o Ghanshyam – Appellant
Versus
Kanhaiyalal S/o Amarsingh – Respondent
Arguments heard.
The present Second Appeal u/S. 100 of the Code of Civil Procedure, 1908 is filed against the judgment dated 20/12/1983 passed in C.S. No. 146-A/1971 (Kanhaiyalal Vs. Madanlal and one another) by which the trial Court has decreed the suit for specific performance of the contract.
2. The first appellate Court has dismissed the appeal of the defendants vide judgment dated 29/7/1992 passed in C.A. No. 34-A/1986, against which the present appeal has been filed.
3. Facts of the case reveal that the suit was filed by the respondent – plaintiff Kanhaiyalal for specific performance of the contract against the defendants – Madanlal and his wife Smt. Ramkunwarbai, both are deceased and now they are represented by their legal representatives. Facts of the case further reveal that the property in question i.e., land bearing Survey No. 205/1, Area 5.13 Acre was purchased by the defendants from one Kishan s/o Hira on 17/2/1971. It was stated in the plaint that in the month of February, 1971 as the defendants were in need of money, therefore, they have entered into an oral agreement to sell the suit land to the plaintiff for a sum of Rs.8,000/-; out of which Rs.3000/- was p
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