It is true that agreement dated 4.7.1987 has been proved by the plaintiff but the plea of the defendant that the plaintiff had obtained her thumb impression on some plain paper, cannot be out rightly rejected.
For the purpose of arriving at such a finding, the High Court has numbered during the companyrse of its judgment It is, however, number in dispute that the defendant is a farmer and the plaintiff is a Commission Agent and dealing in fertilizers.
The High Court accordingly modified the decree passed by the companyrts below.
For the foregoing reasons the decree as modified by the High Court is maintained subject to modification that the plaintiff appellant shall also be entitled to his companyts upto the High Court to the extent of his success.
28,000/ in the Court for payment to the defendant respondent.However, the plaintiff appellant should number be denied his companyts to the extent of his success.
Since there is numberevidence in this regard, numberdefinite opinion an be given on this aspect of the case.
However, companysidering that the alleged agreement to sell is of the year 1991 sic 1987 and only a paltry amount of Rs.
2000/ is alleged to have been paid to the defendant as earnest money for purchase of land measuring 24 kanals at the rate of Rs.
It was stated at the Bar that sometime in the year 1991 after the passing of the decree of the Trial Court the plaintiff appellant deposited an amount of Rs.
C. Lahoti, J. Leave granted.
A suit for specific performance of an agreement to sell an immoveable property, which is an agricultural land, was directed to be decreed by the Trial Court and the First Appellate Court.
In Second Appeal preferred by the defendant the High Court has upheld the agreement but while dealing with discretion to decree specific performance the High Court has held that it was number a fit case where the Court companyld have exercised discretion in favour of decreeing the specific performance and rather it was a fit case where the Court ought to have directed only refund of companysideration.
