LAWS(UTN)-2015-4-36

ABDUL WAHID KHAN Vs. SEWA RAM VIRMANI

Decided On April 09, 2015
ABDUL WAHID KHAN Appellant
V/S
Sewa Ram Virmani Respondents

JUDGEMENT

(1.) THIS judgment will adjudicate both the revisions, as titled above.

(2.) HAVING heard learned counsel for the respective parties, the entire controversy, as it transpires from the facts projected by learned counsels, is that a property was jointly owned by two brothers, namely, Kuldeep Khandelwal and Anand Khandelwal, both S/o Sri Saktu Ram.

(3.) REVENUE case no.20 of 2012 was launched on 8.5.2012 under Section 176 of the Zamindari Abolition and Land Reforms Act in the Court of Assistant Collector by Abdul Wahid and his associates (revisionists herein) claiming their ownership over 9/24 portion in the questioned property, and admitting the share to the extent of 15/24 of Mr. Kuldeep Khandelwal and Mr. Anand Khandelwal together. Those proceedings were pending. An agreement to sale was allegedly executed on 16.8.2010 by Mr. Anand, in favour of Mr. Aasanand Virmani and Mr. Raghunandan Lal Behl, as regards the portion of land under his title. After the death of Mr. Anand, Original Suit No.13 of 2013 was launched in the Court of Civil Judge (Senior Division) seeking specific performance of that contract against the legal heirs of Mr. Anand viz. Smt. Gauri and Master Vibhor Khandelwal.