RANA PRATAP VINAYAK Vs. VIIITH A D J

JUDGEMENT

(1.) Heard Sri N.C. Rajvanshi, learned Senior Counsel assisted by Sri M.K. Rajvanshi, learned counsel for the petitioners and Sri Ajay Rajendra, learned counsel for contesting respondents.

(2.) Late Sri Ram Lal Bakshi predecessor in interest of the petitioners took the house in dispute situate at Topkhana, Meerut Cannt. Meerut on rent from its owner late Sri Rameshwar Sawaroop predecessor in interest of respondent Nos. 3 to 12 at the rent of Rs. 16/- per month. Thereafter on 4.7.1966, late Sri Rameshwar Swaroop, the owner of the house in dispute sold the same to the tenant late Sri Ram Lal Bakshi for Rs. 1500/- Thereafter on 2.9.966 late Sri Ram Lal Bakshi executed an agreement for sale in favour of late Sri Rameshwar Swaroop, copy of the agreement is annexed as Annexure 1 to the writ petition. Under para-1 of the said agreement it was stipulated that whenever Rameswar Swaroop returned the amount, Ram Lal Bakshi would execute sale-deed of the house in dispute in his favour and thereafter Ram Lal Bakshi would re-continue to be a tenant.

(3.) Thereafter Rameshwar Swaroop filed Original Suit No. 525 of 1968 for specific performance which was decreed on 5.2.1975 by City Munsif, Meerut. Appeal filed against the same being Civil Appeal No. 97 of 1975 was dismissed on 14.4.1977 by II Additional Civil Judge, Meerut. Thereafter, Sri Ram Lai Bakshi filed second appeal which was numbered as 1880 of 1977 in this Court. The said second appeal was pending when writ petition was filed. In the written argument filed by Shri Ajay Rajendra it is mentioned in para-3 that the said second appeal has been dismissed as abated by order dated 16.12.2009.