- (1.) O. P. Srivastava, J. The second appeal filed by the defen dant/appellants has come up before this Court under the following circum stances.
(2.) THE plaintiff/respondent Ganesh Shanker had filed a suit for specific performance of contract for sale against Mohammad Husain (deceased) prede cessor in interest of appellants No. 3 to 6 and Ahmad Husain appellant No. 1 in respect of the property describe in para 1 of the plaint for consideration of Rs. 22,000/- on 26. 6. 1981 after receiving Rs. 500/- as earnest money with the stipu lation that sale deed would be executed within three months in favour of plaintiff respondent. However, inspite of plaintiff respondent being willing and ready to get the sale deed executed after performing part of contract, the defendants failed to execute the sale deed, hence there arose necessary of suit. During pendency of the case Smt. Jaibunnisa wife of Gulam Husain was also impleaded as party in the case. The suit was contested by defendants who did not dispute the execution of registered agreement but it was pleaded that agreement was got executed by fraud. As regards the plea of readiness and willingness of the plaintiff there was no specific denial from the side of the defendants No. 1 and 2. It was only defendant No. 3 who was not a party to the contract, denied this plea.
(3.) THE relevant issues were framed on the basis of pleadings of the party. Upon consideration of the evidence adduced by the parties, learned Trial Court recorded its findings on all the issues in favour of the plain tiff/respondent. However, while decreeing the suit, exercising its discretion under section 20 of the Specific Relief Act, it did not pass decree for specific performance of agreement for sale but directed only the refund of the earnest money paid to the defendant No. 1 and 2.;