J.J. Munir, J. - (1.) These two second appeals have arisen from a suit for specific performance of contract. Second Appeal No. 1873 of 1985 has been preferred by the plaintiff, whereas Second Appeal No. 2315 of 1985 has been brought by the defendant. Both appeals have been heard together. Second Appeal No. 1873 of 1985 shall be treated to be the leading case.
(2.) The facts giving rise to the two appeals are these : Original Suit No. 144 of 1982 for specific performance of contract was instituted by Mahesh Chand against one Rampal Singh, seeking specific performance of a registered agreement to sell dated 02.05.1980, executed in favour of Mahesh Chand by Rampal Singh. Mahesh Chand is hereinafter referred to as the 'plaintiff', which includes reference to his legal heirs and representatives, since substituted in his stead. Rampal Singh, who died pending appeal before the lower Appellate Court and was substituted there by his sole heir and legal representative, Avinash Kumar, is hereinafter referred to as the 'defendant.'
(3.) The plaintiff's case is that a registered agreement to sell dated 02.05.1980 was executed between him and the defendant, where the defendant covenanted to sell, for an agreed sale consideration of Rs. 15,000/-, his 1/5th share in the agricultural land of Khata no. 254, plot no. 545, admeasuring 24 bigha 10 biswa 11 biswansi, situate at Village Azimabad Machhua, Pargana and Tehsil Koil, District Aligarh. The said land is hereinafter referred to as the ''suit property'. The registered agreement to sell dated 02.05.1980 shall be called the 'suit agreement'.;