SANTOSH KUMAR NAVMAN Vs. RAJA AMAR PRATAP SINGH

JUDGEMENT

(1.) Heard Sri Bharat Pratap Singh, Learned Counsel for the petitioners and perused the record.

(2.) This writ petition is directed against order dated 3.3.2005 passed by 11th Additional District Judge, Aligarh in Civil Appeal No. 28 of 2004, Raja Amar Pratap Singh v. Smt. Basanti Devi and others.

(3.) It is pleaded in the writ petition that an agreement was executed on 1.6.1975 between respondent, Raja Amar Pratap Singh and petitioners No. 1, 2 and 3 i.e. Santosh Kumar Navman, Vijay Prakash Navman and Krishna Kumar Navman and one Basanti Devi (since dead) and now represented by legal heirs i.e. petitioners No. 4 to 7. The agreement was in respect of plot No. 695 having area 5 bighas, 6 biswas situated at Masoodabad, Qusba and Tehsil Kol, District Aligarh for a sum of Rs. 80,000/- out of which Rs. 10,000/- was paid in advance. The agreement, however, could not be registered for about two years due to detention of petitioner No. 3 under Maintenance of Internal Security Act (MISA) during Emergency. It is alleged that later on the extension of agreement was agreed and on 23.8.1982 a registered agreement of sale after receiving Rs. 20,000/- through bank draft dated 23.8.1982 was executed. The sale-deed was to be executed after obtaining permission from Urban Ceiling Authority by respondent. The possession of the property, it is alleged, remained with petitioners since they were already in possession even before execution of agreement on 1.6.1975.