LAWS(ALL)-2010-9-64

RAM SINGH Vs. SUGHAR SINGH

Decided On September 09, 2010
RAM SINGH Appellant
V/S
SUGHAR SINGH Respondents

JUDGEMENT

(1.) RAM Singh had agreed to transfer his half share in the agricultural land Khasra No. 72 area 5.3 acre and Khasra No. 215 Aand B area 17.5 acre total area 20.45 acre situate in village Kherat, district Mathura in favour of Sughar Singh for a total consideration of Rs. 56,000/- after receiving an advance of Rs. 25,000/- at the time of the agreement. The agreement was executed on 10.10.1976 but was not registered as at the relevant time there was no compulsion for getting such an agreement registered.

(2.) LATER plaintiff Sughar Singh, instituted a suit for specific performance of the above agreement to sell against Ram Singh arraying him as defendant No. 1 and Hari Singh, Rakshapal, Raghuvir and Goverdhan as the other defendants 2 to 5 being the subsequent purchasers of the aforesaid land vide sale deed dated 23.6.84.

(3.) DEFENDANTS No. 2 to 5 by a separate written statement contended they are the bona fide purchasers in good faith of the aforesaid land for value vide registered sale deed dated 23.6.1984. They had no knowledge of the agreement dated 10.10.1976.