RANJIT KUMAR SANDHIR Vs. BHAG SINGH

JUDGEMENT

(1.) THERE are two orders which are impugned before this Court. The first order is dated 17.12.1999 whereby the application filed by the petitioner (Ranjit Kumar Sandhir) seeking a restoration of his appeal which had been dismissed vide an order dated 04.10.1999 had been declined. The second order impugned is the order dated 17.05.2003 vide which the order on the review petition dated 25.07.1999 had been set aside. The petitioner is aggrieved by both the aforenoted orders.

(2.) RECORD shows that the petitioner and Bhag Singh (respondent) had entered into an agreement to sell dated 17.11.1972 by virtue of which the respondent had agreed to sell his property i.e. property bearing No. 229 (Old), 371 (new) Sant Nagar, New Delhi for a consideration of Rs. 17,000/- of which an initial amount of Rs. 10,000/- was paid and the balance of Rs. 7,000/- was yet payable; it is not in dispute that pursuant to this agreement dated 17.11.1972, the petitioner has been put in possession of the suit premises and he is in possession of the premises as on date.

(3.) IN the written statement filed to the aforenoted suit, the plea of resjudicata and bar of Section Order 2 Rule 2 of the Code of Civil Procedure (hereinafter referred to as the 'Code') was set up by the respondent; he had also filed a counter claim seeking possession of the suit premises.