RAM CHANDRA PRASAD Vs. MINA DEVI

JUDGEMENT

(1.) THE defendant has filed this first appeal against the judgment and decree dated 26.9.2006 passed by Sri Radheyshyam Singh, the learned 4th Subordinate Judge, Bhojpur, Ara in Title Suit No. 593 of 2002 whereby the learned court below decreed the alternative prayer of the plaintiff-respondent in the suit for specific performance of contract.

(2.) THE plaintiff-respondent filed the aforesaid Title Suit No. 593 of 2002 praying for specific performance of contract dated 22.12.1999 on receiving balance consideration amount of Rs.76,000/- and in the alternative prayed for a decree for recovery of Rs.2,24,000/- with interest @ Rs.2/- per month from the date of agreement dated 22.12.1999.

(3.) THE plaintiff is satisfied with this decree whereby alternative relief has been granted. However, the defendant has field this first appeal challenging that part of the decree whereby the alternative relief has been granted.