AZAD SINGH Vs. SANJAY KUMAR GARG AND ORS.

JUDGEMENT

(1.) BY the present writ petition the petitioner has challenged the orders dated 6.4.2002 passed by the Civil Judge (Senior Division)/FTC IX, Dehradun in O.S. No. 784 of 1999 and order dated 23.12.2002 passed by the Additional District/FTC Ist, Dehradun in Misc. Civil Appeal No. 50 of 2002. Briefly stated, a suit was filed by Sanjay Kumar Garg and Deepak Kumar Garg against Sardar Harjeet Singh, Hardev Singh and Azad Singh praying for a decree for declaration that the sale -deed dated 27.9.1999 executed by Sardar Harjeet Singh and Sardar Hardev Singh in favour of the petitioner Azad Singh is illegal, void and without jurisdiction and not binding upon the plaintiffs.

(2.) FURTHER , the plaintiffs have also prayed for specific performance of the contract by directing the defendants therein Nos. 1 and 2 i.e. Sardar Harjeet Singh and Sardar Hardev Singh for executing the sale -deed in respect of the land specified in schedule 1 of the plaint as per agreement dated 28.11.1999 executed by them in favour of the plaintiffs. As will appear from the plaint averments that the defendants No. 1 and 2 in the plaint who have arrayed as respondents No. 3 and 4 in the writ petition, agreed to sell their land bearing Khasra No. 42 M of plot No. 127 situated in village Misserwala, Doiwala, Pargana Parvadoon, District Dehradun for a sum of Rs. 2,00,000/ -.

(3.) COUNTER affidavit has been filed by Sanjay Kumar Garg, respondent No. 1 stating therein that on 28.11.1999, he and respondent No. 2, namely, Deepak Kumar Garg have filed a suit for specific performance of contract dated 28.11.1999 and for declaration of the sale -deed as illegal, void and without jurisdiction. It was stated that the sale deed dated 27.11.1999 is non est document and is void ab initio.