GULAB Vs. OM PRAKASH

JUDGEMENT

(1.) Heard Sri Sunil Kumar, learned Counsel for the petitioner and Sri Rahul Sahai and Sri Manoj Kumar Tiwari leaned Counsel for the respondent. Petitioner is defendant in O.S. No. 7 of 2012 Om Prakesh v. Gulab. Trial Court/Civil Judge (J.D.) Sardhana, district Meerut through order dated 13.3.2012 granted temporary injunction to the plaintiff and restrained the defendant from interfering in the possession of the plaintiff over the land in dispute detailed at the foot of the plaint till the disposal of the suit. Against the said order petitioner filed Misc. Appeal No. 45 of 2012. A.D.J. Court No. 10, Meerut dismissed the appeal on 3.12.2012, hence this writ petition.

(2.) Property in dispute is agricultural land total area of which is about half hectare. According to the plaint case since before 1999 defendant was owner (bhoomidhar with transferable right) of the property in dispute; on 17.11.1999 he sold the properly in dispute through registered sale-deed to late Sri Ram Bhajan and Ram Bhajan, thereafter, executed registered agreement for sale in favour of the plaintiff on 1.2.2001. It was further pleaded in the plaint that Ram Bhajan became seriously ill after execution of the agreement for sale and could not execute the sale-deed hence he executed an unregistered Will in favour of the plaintiff on 23.5.2001 and plaintiff was in possession since before that. In para 3 of the plaint it was alleged that Ram Bhajan died on 4.7.2001 and thereupon plaintiff became owner of his property. It was further stated that about 20 years before the area where land in dispute is situate had come within the limits of Nagar Nigam.

(3.) Defendant petitioner pleaded that Ram Bhajan was member of Scheduled Casts hence he could not execute sale-deed in favour of the plaintiff. Defendant petitioner further asserted that for cancellation of the sale-deed dated 17.11.1999 which was shown to be executed by him in favour of Ram Bhajan he had filed O.S. No. 937 of 2012 Gulab v. Ram Bhajan.