RASHPAL SINGH Vs. KISHTOPAD GHARAMI

JUDGEMENT

(1.) This is the Second Appeal, which has been preferred by the plaintiff /appellant Rashpal Singh against the judgment and decree dtd. 25/1/2002, passed by IInd Additional District Judge, Udham Singh Nagar in Civil Appeal No. 92 of 2000, Rashpal Singh Vs. Kistopad Gharami and others, which was arising out of the judgment and decree dtd. 21/11/2000, as passed by the Civil Judge (Junior Division), Rudrapur, District Udham Singh Nagar, confined to the decree, which was rendered in Original Suit No. 140 of 1993, Rashpal Singh Vs. Kistopad Gharami and others.

(2.) When the suit was pending in relation to the property, in dispute, as described therein, para 2 of the said plaint, it constituted to be the property, i.e. khasra No. 92/8 and 92/27, having an area of 0.379 hectares and as per the revenue records, it was pleaded that it was having an overall area of 24 bigha, 16 biswas and 0 biswansi. The suit itself was based on the premise that there was an agreement for sale dtd. 15/11/1971, which has been executed by the defendants in favour of the plaintiff and, as such, based on the said unregistered agreement for sale, the plaintiff, had filed the suit, in question, on 13/10/1993, seeking a decree in the nature of permanent injunction, as against the defendants from interfering over the property, in question.

(3.) On being noticed, in the said suit, the defendants had put in appearance and, apart from denying the plaint allegations, they have filed a counter claim, invoking the provisions contained under Order 8 Rule 6-A C.P.C. and in the counter claim, thus preferred, the defendants too had sought a decree in the nature of permanent injunction as against the plaintiff.