Gopal Krishan Vyas, J. - (1.) In this second appeal filed under Section 100, C.P.C., the appellants are challenging the judgment and decree dated 21.04.1992 passed by the Addl. District Judge No.1, Udaipur in Civil Appeal No.43/1986, whereby, the Learned appellate Court reversed the judgment and decree dated 31.08.1985 passed by Addl. Civil Judge No.1, Udaipur in Civil Original Case No. 174/1978.
(2.) Challenge is made to the adjudication made on the issue of relief clause because the Learned appellate Court decided issues No.1, 2 and 3 in favour of the plaintiff-appellant; but, in the relief clause denied the relief of specific performance of agreement and passed the decree that the appellant will be entitled to the relief of payment of Rs.500/- which is part- payment made by the appellant2 plaintiff to the defendant when the agreement was executed along with 9% interest with effect from 22.12.1973.
(3.) According to brief facts of the case, appellant-plaintiff preferred suit against the defendant Mangi Bai and her father for specific performance of the agreement for sale of house for consideration of Rs.4,500/-. It is stated in the plaint that out of Rs.4,500/-, an amount of Rs.500/- was paid in cash towards advance; but, later on, the house was not sold to the appellant-plaintiff but sold to Bhanwar Lal and Bhanwar Lal purchased the property knowing it well that an agreement was entered into in between defendant-respondent and plaintiff-appellant.;