DINESH GUPTA, J. - (1.) THIS second appeal is preferred against the judgment and decree dated 29.4.1998 passed by 1st Additional District Judge, Meerut, in Civil Appeal no.186 of 1995 arising out of judgment dated 2.9.1996 passed by Civil Judge (J.D.), Hawali, Meerut in O.S. no.578 of 1982.
(2.) THE brief facts which give rise to this appeal are that : The plaintiff appellant, hereinafter called ''the appellant', filed an Original suit no.578 of 1982 for the relief of grant of decree for specific performance of the contract against the defendant respondent, hereinafter called 'the respondent'.
(3.) IN the original suit no.578 of 1982 the counsel for the appellant contended that this suit has been instituted for the specific performance of contract for sale directing the defendant to execute the sale deed in favour of the plaintiff in respect of the disputed plot no.6 (having an area of 605 sq. yd. out of old khasra no.480 and new khasra no.481 situate at village Kaseru Baxar, Tehsil and District Meerut. It was further alleged that the defendant is the owner of the disputed land who executed a registered deed of agreement on 2.6.1979 in favour of the plaintiff to sell his above said property for a consideration of Rs.19965/ - and Rs.2000/ - was paid by the plaintiff to the defendant as part payment.;