DESHA Vs. DWIJENDRA SINGH

JUDGEMENT

(1.) Heard lelarned counsel for the parties.

(2.) This second appeal arises out of Original Suit No.18 of 1969 Dwijendra Singh vs. Kaliya (or Kaliyan), Desha and Rakesh. The suit was filed for specific performance of agreement for sale of agricultural property alleged to have been executed on 27.2.1969 by defendant no.1 Kaliya in favour of plaintiff. In the agreement for sale total sale consideration was shown to be Rs.8,000/- out of which Rs.5,000/- were shown to have been paid at the time of execution of agreement for sale. Within two weeks of execution of the alleged agreement for sale Kaliya sold the property in dispute to defendant nos. 2 and 3 Desha and Rakesh for Rs.10,000/- on 11.3.1969. Desha paid sale consideration of Rs.3,000/- and Rakesh Rs.7,000/-. The suit was decreed by II Civil Judge, Hamirpur on 18.3.1974. Against the said decree two appeals were filed one was filed by subsequent purchasers Desha and Rakesh which was numbered as Civil Judges Appeal No.27 of 1974. The other appeal was filed by Kaliya the original bhoomidhar of the land in dispute which was numbered as Civil Judges Appeal No.28 of 1974. Both the appeals were consolidated and dismissed on 4.10.1974 by District Judge, Hamirpur hence this second appeal. This Second appeal was filed by Desha and Rakesh the subsequent purchasers.

(3.) This appeal was dismissed as abated on behalf of appellant no.1 through order dated 16.5.2013 accordingly now the Second appeal survives only on behalf of appellant no.2 Rakesh.