R.H. Zaidi, J. - (1.) Heard learned Counsel for the parties and also perused the record.
(2.) This is a defendants' second appeal which arises out of a suit for specific performance of agreement of sale and is directed against the judgment and decree dated 30.8.2000 passed by the Court below.
(3.) It appears that the plaintiff respondent No. 1 filed Original Suit No. 1042 of 1988 for specific performance of agreement of sale and, alternatively, for recovery of Rs. 2,000.00 alleged to have been paid by the plaintiff to the defendants at the time of execution/registration of the agreement of sale. It was pleaded that the agreement in question was executed in accordance with law but the defendants thereafter did not execute the sale deed in terms of the agreement although the plaintiff was always ready and willing to perform his part of the contract. The suit was contested by the defendants denying the claim of the plaintiff respondent. It was stated that the agreement for sale was never executed, instead money was taken as loan. Signatures of the defendants were obtained on blank papers, which were utilised for preparing the agreement, as such the suit of the plaintiff for specific performance of the contract of sale was liable to be dismissed.;