Pramod Kumar Srivastava, J. - (1.) This second appeal has been preferred against the judgment dated 7.12.2011 passed by Additional District Judge, Court No. 2, Ballia in Civil Appeal no. 12 of 2007 (Moti Lal and others v. Kedar Nath Singh and others ).
(2.) In Original Suit No. 84 of 1982 (Moti Lal and others v. Kedar Nath Singh and others. ), the plaint case in brief was that defendant Kedar Nath Singh had entered into registered agreement to sell dated 7.6.1980 for sale of his disputed property in favour of plaintiffs for consideration of Rs. 18,300/- and accepted advance consideration for the same. The defendant had accepted total advance consideration of Rs. 75,00/- and had to execute the sale-deed of disputed property after receiving remaining consideration of Rs. 10,800/-. In spite of reminders and the readiness and willingness of plaintiffs, the defendant had not executed the sale-deed of disputed property in terms of registered contract for sale, therefore plaintiffs had filed suit for specific performance of contract.
(3.) In original suit, defendant had denied contents of plaint by filing written-statement, and further pleaded that he had not executed any such registered agreement to sell. The alleged registered deed of agreement of sale was get executed by presenting any impostor before Sub-Registrar. So, plaintiffs' suit is liable to be dismissed.;