The appellant was the plaintiff in the suit. The suit was filed for specific performance for the execution of the agreement to sell dated 23.6.1999. The trial court has decreed the suit. Against the said order, the defendant filed appeal, which has been allowed. Hence the present appeal.
Learned counsel for the appellant submitted that without considering and reversing the finding recorded by the trial court, the appellate authority has allowed the appeal.
The matter requires consideration.
Issue notice to the respondent returnable at an early date.
List in the week commencing 7.5.2012.
Till the next date of listing, the respondent is restrained from transferring and changing the nature of the property in dispute.
Order Date :- 11.4.2012 OP