Om Prakash VS Baijnath Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUDHIR AGARWAL
Om Prakash – Appellant
Versus
Baijnath Singh – Respondent

Counsel for the Parties:
For the Appellant:S.K.Mishra, C.B.Singh & Shri Kant, Advocates.
For the Respondents:S.P.Srivastava, Mohd.Farooq, Advocates.

JUDGMENT

Sudhir Agarwal, J—Heard S.K. Mishra, Advocate and Sri Shri Kant, Advocate for the respective parties.

2. These are two appeals arising out of a common judgment of IIIrd Additional District Judge, Fatehpur in Civil Revision No.81 of 1997 and therefore, as agreed by learned counsel for the parties, have been heard together and are being decided by this common judgment.

3. The plaintiff Om Prakash instituted original suit No.158 of 1974 vide plaint dated 8.4.1974 for specific performance of contract pursuant to agreement dated 21st January, 1970 for purchase of shop owned by Sri Baij Nath Singh, defendant-respondent for a total sum of Rs.5,000 where against Rs.3,000 as earnest money was already paid. It was alleged that plaintiff had always been ready to perform his part of contract and the cause of action arose on 24th March, 1974 when defendant declined to execute sale deed.

4. The suit was contested by defendant with averments that there could not have been any contract with the plaintiff, he being minor on 21.1.1970, and was incapable of enforcing such agreement; the defendant never agreed to sell his shop nor executed agreement dated 21.l.l970 nor received any money towa