MAHBOOB ALI,J. - (1.) The present second appeal has been filed against the judgement and decree dated 17.10.1978 passed by the District Judge, Mirzapur dismissing Civil Appeal No. 60 of 1976 Onkar Narain v. Smt. Lalli and others , arising out of the judgment and decree dated 30.03.1976 passed by the Trial Court in Original Suit No. 44 of 1971 (Onkar Narain Mishra v. Smt. Lalli and others ).
(2.) Brief facts, which are necessary for the disposal of this Second Appeal, are recapitulated as under:- Admittedly, defendant No. 1/respondent Smt. Lalli was bhumidhar in possession of 2-12-6 Bighas of land of Chak No. 137 (old No. 126) of village Vijaipur, District Mirzapur. Plaintiff/appellant (for short "appellant") filed Suit No. 44 of 1971 Onkar Narain Mishra v. Smt. Lalli and others contending that defendant/respondent (for short "respondent") Smt. Lalli entered into an agreement to sell the aforesaid land to him for a consideration of Rs. 9000/- and having received a sum of Rs. 4000/- as earnest money, executed an agreement of sale dated 27.02.1971 in his favour and also delivered possession to him over the land in question, she promised to execute the sale deed within a period of two and a half months but she avoided the execution of the sale deed inspite of repeated requests as also a notice and ultimately refused to do so on 12.05.1971, hence, appellant filed the aforesaid suit to have the sale deed executed in his favour. During pendency of the suit, on 23.06.1971 respondent Smt. Lalli executed a sale deed, in respect of the disputed land, in favour of Harihar Prasad and Jangali Prasad, who were impleaded as defendants No. 2 and 3 in the suit. The suit was contested by filing separate written statements by respondent Smt. Lalli and her vendees defendants No. 2 and 3/respondents, denying the execution of the agreement of sale dated 27.02.1971, relied upon by the appellant, as also alleging that the same was inadmissible in evidence being insufficiently stamped. They also denied the delivery of possession to the appellant and contended that respondent Smt. Lalli executed an agreement of sale regarding the disputed land in favour of Harihar Prasad and Jangali Prasad respondents no. 2 and 3 and in pursuance thereof, executed a sale deed in their favour on 23.06.1971.
(3.) On the basis of pleadings of the parties, as many as six issues were framed. Parties adduced oral as well as documentary evidence. The trial court on the basis of scrutiny of the evidence, dismissed the suit of the appellant. Aggrieved by the said judgment and decree, appellant preferred an appeal, which has also been dismissed and at this juncture present appeal has been filed.;