HAZARI LAL Vs. RAMESH KUMAR AND OTHERS

JUDGEMENT

(1.) This is defendant's second appeal against the concurrent judgment of two Courts below. It arises out of Original Suit No. 327 of 1999 filed by Ramesh Kumar and others against Rakesh Kumar and others wherein Hajari Lal the appellant herein, was defendant No. 5. The suit was filed for specific performance of a registered agreement to sell dated 24th of September, 1986 in respect of house Nos. 258, 259 and 260, Sadar Bazar, Allahabad.

(2.) The case of the plaintiffs was that on 24th of September, 1986 the defendant Nos. 1 to 4 agreed to sell their houses being house Nos. 258, 259 and 260 for a sum of Rs. 55,000/- in favour of the plaintiffs. They came to Allahabad for the purposes of execution of sale-deed. The plaintiffs purchased the necessary stamp papers and got the sale-deed typed thereon. Then, it transpired that the owners of the houses proposed to sell only house No. 258 in their favour and as such, the said sale-deed was not presented for registration as it was not in respect of two other houses being house Nos. 259 and 260. It also transpired that the owners sold away those houses two days earlier i.e., on 6th of July, 1999 to the defendant No. 5, Hajari Lal, the appellant herein. When the plaintiffs insisted that house Nos. 259 and 260 also be included in the sale-deed, the owners refused to add them. Immediately, a suit giving rise to the present appeal was filed in the month of July, 1999.

(3.) The suit was contested on a number of pleas by the defendants and was ultimately decreed by the Trial Court by judgment and decree dated 9th of April, 2007. The said decree has been confirmed in appeal being appeal No. 97 of 2007 by the judgment and order dated 11th of December, 2009. The present appeal has been filed as stated herein above by Hajari Lal who has purchased the two other houses being house Nos. 259 and 260 on 6th of July, 1999.