BAHADUR YADAV Vs. SUNDER RAM AHIR

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 13-8-1999 passed by the Additional District Judge, Manendragarh, Dist. Korea (CG) in Civil Suit No.10-A/96 wherein the said court decreed the suit for specific performance of contract filed by the respondents No. 1 and 2/plaintiffs against the appellant/respondent and for injunction regarding the land bearing Khasra No.77, 87, 88, 94, 96, 102, 106 area 0.56, 0.57, 0.13, 0.04, 0.06, 0.80, 0.35 total 2.9 acres situated at village Akharadnand.

(2.) As per version of the plaint, appellants and the respondents No. 1 and 2 entered into agreement for sale of land in dispute for cash consideration of Rs.60,000/-. One agreement was executed on 21-4-1995 and Rs.17000/- was paid to respondent No.3. Rs.30,000/- was to be paid within three months and rest of Rs.13,000/- at the time of execution of sale deed. Respondent No.3 did not execute the sale deed in favour of respondents No. 1 and 2 in-spite of their readiness and willingness to perform their part of contract and both respondents objected in the office of Sub Registrar for stopping the respondent No.3 to execute the sale deed in favour of others, but on 18-1-1996 respondent No.3 executed sale deed in favour of the appellants that is why suit was filed because the appellants are not bona fide purchasers. The trial Court decreed the suit as mentioned above.

(3.) Learned counsel for the appellant would submit as under: