SANTRAM JANAK DEWANGAN Vs. SHIVPRASAD GARIBRAM DEWANGAN

JUDGEMENT

(1.) This is defendant's Second Appeal under Section 100 of the Code of Civil Procedure (for short ' the CPC') against the judgment and decree dated 16.12.2015 passed by 1st Additional District Judge, Janjgir-Champa in Civil Appeal No. 55-A/2015, reversing the judgment and decree dated 03.02.2011 passed by 1st Civil Judge, Class II, Nawagarh, Distt. Janjgir-Champa in Civil Suit No. 16-A/2009, decreeing the suit.

(2.) The plaintiff filed suit for recovery of possession stating inter alia that he is the owner of the suit land but pursuant to the agreement to sell dated 16.07.1997 he has delivered the possession to the defendant but defendant has not taken any steps to get the sale deed registered within the period stipulated for registration of the sale deed and, thereafter, defendant possession has become illegal and capacity of the defendant is encroacher and, therefore, decree of possession be granted in favour of the plaintiff.

(3.) The trial Court dismissed the suit by its judgment & decree dated 03.02.2011, however, directed the plaintiff to get the sale deed registered in favour of defendant.