- (1.) R. B. Mehrotra, J. This is defendant's second appeal.
(2.) THE facts necessary for the decision of the appeal are as under: THE plaintiff-respondent Niranjan Singh filed a suit for specific performance of contract to sell against the defendant and in the alternative for recovery of Rs. 7,000 from the defendant. THE suit was contested by the defendant. On the pleading of the parties, issues were framed. Following issues are relevant for the purposes of the decision of the present appeal; (1) Whether the defendant agreed to sell the house in dispute to the plaintiff for a consideration of Rs. 7,300 on 17-4-1973 and executed the Ikrarnama in suit ? (2) Whether the defendant received Rs, 6,000 from the plaintiff towards the part payment of the sale consideration ? (3) Whether the defendant is owner of the house in suit or not ? If so its effect ? The trial court decided all the aforesaid issues together in favour of the defendant and against the plaintiff. The findings were recorded on the basis of detailed appraisal of evidence, noticing demeanour of the witnesses. Aggrieved there by the plaintiff filed Civil Appeal No. 229 of 1974, which was allowed by lower appellate court and the suit of the plaintiff was decreed.
(3.) AGGRIEVED thereby the defendant preferred the present second appeal. It is necessary to notice facts to appreciate the controversy involved in the present appeal.;