NAND LAL Vs. RITA GAURI & ORS.

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant against the judgment and decree dated 24.04.2012 passed by the learned ADJ in RCA No. 30/2005.I have heard the learned counsel for the appellant with regard to formulation of question of law. However, the formulation which has been advanced by the learned counsel for the appellant with regard to the submission as to whether agreement to sell in question creates any right, title or interest in the suit property or the occupation of the premises by the appellant as a tenant which was subsequently perfected by an agreement to sell do not raise any question of law much less a substantial question of law.

(2.) I have also perused both the judgment of the trial court as well as of the first appellate court. I am also not satisfied that the case involves any substantial question of law. However, in order to appreciate the controversy between the parties it would be necessary to give a brief background of the case.

(3.) ONE Smt. Joginder Kaur was also made a party in the suit as defendant No. 3. However, no averment with regard to her was made in the entire plaint. R -1 and R -2 filed their written statement and contested the claim of the appellant. On the pleadings of the parties, a number of issues were framed and one of the issues which was issue No. 10 with regard to the fact as to whether the appellant/plaintiff was entitled to relief claimed by him with regard to the cancellation of the sale deed dated 21.07.1971.