Sunil Ambwani, J. - (1.) Shri Diwaker Rai Sharma has no objection to the pending substitution applications. Both the substitution applications filed on 19.4.2004 and on 31.3.2004 for impleading heirs of appellant No. 2 and appellant No. 1/1 are allowed and the appeal was heard.
(2.) The Appellate Court in Civil Appeal No. 187 of 1980 has dismissed the appeal on 26.11.1980 and has confirmed the judgment and decree of specific performance of contract dated 19.4.1980 in Original Suit No. 240 of 1976.
(3.) The trial Court returned the finding that the defendant had entered into registered agreement for sale of the land and had received Rs. 7,000/- on the day of agreement on 3.7.1972. He had received Rs. 3,000/- prior to the agreement and was to be paid balance amount for execution of the sale deed within four weeks. On issue of limitation the trial Court held that suit was filed within time as notice was given on 8.6.1976. It was returned by defendant Hukum Singh and that by the second notice dated 2nd-3rd July, 1976 late Hukum Singh was called to the Registrar's office to execute the sale deed.;