GUPTA AGRO VENTURE PVT. LTD. Vs. PRATAP SINGH

JUDGEMENT

(1.) This is a plaintiff's First Appeal, which has been preferred by the appellant by invoking the provisions contained under Section 96 of the C.P.C., for the purposes of challenging the judgment and decree dated 8th September, 2008, which was rendered by the Court of Civil Judge (Senior Division), Udham Singh Nagar, in Original Suit No. 85 of 2006, Gupta Agro Ventures Pvt. Ltd. Vs. Pratap Singh and others. By virtue of the impugned judgment and decree, which is under challenge in the present First Appeal, the learned Trial Court had dismissed the Suit, consequently, the present First Appeal.

(2.) Brief facts, which are required to be considered in the First Appeal, in question, are that admittedly, the defendant/respondents, herein, were the bhumidhars of the piece of an agricultural land, which was lying in Khata No. 00142, Khasra No. 710, having an area of 1.326 hectares, i.e. equivalent to 3.28 acres of land in Village Shimla Pitore, Tehsil Kichha, District Udham Singh Nagar.

(3.) The aforesaid defendants/respondents are said to have, on 31st December, 2005, entered into an unregistered notorized agreement for sale, which was executed in favour of one Mr. Surendra Kumar Gupta S/o Badri Prasad Gupta, Director, Gupta Agro Ventures Pvt. Ltd..