SANJAY KUMAR JAIN Vs. SHAMBHULAL GOYAL

JUDGEMENT

(1.) This order shall govern the disposal of Writ Petition (227) No.4928 of 2008 and Writ Petition (227) No.4929 of 2008.

(2.) In both the writ petitions, the common petitioner/plaintiff Sanjay Kumar Jain has challenged the legality, validity and propriety of the order dated 17-3-2008 (Annexure P-1) passed in Civil Suit No.84-A/2006 in Writ Petition (227) No.4928 of 2008 and the order dated 17-3-2008 (Annexure P-l) passed in Civil Suit No.83-A/2006 in Writ Petition (227) No.4929 of 2008.

(3.) Briefly stated the facts of the case are that the plaintiff preferred a suit for specific performance of contract dated 9-7-1992, a declaration that the building constructed over the suit land has been constructed by the plaintiff and he is the owner thereof and for permanent injunction to the effect that the defendants be restrained from interfering with the plaintiff's possession over the suit land and the building constructed thereon. The claim in the suit was based on the pleadings inter alia that defendant No. 1 is the son of Dharampal Goyal, who had purchased the land by virtue of registered sale-deed dated 1 -11 -1990, his name having been duly entered in the records on the date of presentation of suit. The said Dharampal Goyal, the father of respondent/defendant No. 1 entered into an agreement on 6-7-1992 with respondent/defendant No.2 Lalit Kumar Thawani for sale of the land for a consideration amounting to Rs.20,000/- and handed over possession thereof to the respondent/defendant No.2. The amount of consideration was also paid by the respondent No.2 Lalit Kumar Thawani to the said Dharampal Goyal at the time of execution of the said agreement.