HODIL SINGH Vs. BHAGWANT SINGH

JUDGEMENT

(1.) Heard Sri Anil Kumar Aditya, learned counsel for the appellants and Sri Manish Chandra Tiwari, holding brief of Sri AT. Kulsreshtha, learned counsel for the respondents as well as perused the materials on record, including the judgments of the Courts below.

(2.) This Second Appeal has been preferred against the judgment and decree dated 21.11.2009, passed by the Additional District Judge, Court No. 12, Aligarh, in Civil Appeal No. 130 of 2004, Bhagwant Singh v. Holdil Singh, allowing the Appeal preferred by respondent No. 1 by which the judgment and decree dated 22.5.2004, passed by the Trial Court has been set aside.

(3.) It emerges from the record that an agreement to sell (a lease deed as alleged by the appellant) was executed by one Hodil Singh, now represented through his legal heirs and legal representatives, on 27.4.1994 for selling of his Bhumidhari agricultural land measuring 8 Bigha 13 Biswa and 15 Biswansi, situate in Village Bajrangpur, Majra Vijay Garh, Pargana Akrabad, Tehsil Sikandra Rao, now Tehsil Koil, District Aligarh. The said deed was duly registered in the office of the Sub Registrar Sikandra Rao, District Aligarh. Lateron, two Suits were filed in the Civil Court, that is, one being Suit No. 375 of 1995, preferred by Hodil Singh against Bhagwant Singh, seeking a relief that the said agreement to sell, registered on 27.4.1994, be declared null and void. He had challenged this deed on various grounds as mentioned in the plaint. According to him, a document which was registered on 27.4.1994, was, in fact, a lease deed for cultivating the land in dispute. Neither adequate consideration or price of the land was given to him nor he ever intended to transfer his agricultural land. Another Suit, that is, Suit No. 855 of 1998, Bhagwant Singh v. Hodil Singh was filed by Bhagwant Singh, now represented through his legal heirs and legal representatives, against Holdil Singh seeking specific performance of the contract entered into between the parties.