BABU ALI Vs. DUKKHI

JUDGEMENT

(1.) HEARD counsel for the parties and perused the record.

(2.) THIS writ petition has been filed challenging the order of District Judge, Gyanpur, Varanasi in Civil Revision No. 307 of 1994.

(3.) RELEVANT facts in short are that Dukkhi who was respondent No. 1 in this petition executed an agreement to sell his nineteen bhumidhari plots in favour of Sankhta and Satyanarain, predecessors of respondent Nos. 2 to 5 on 28.5.1963. The area of these 19 plots was 5 bighas 19 biswas and 9 dhoor. It was an unregistered document. Dukkhi thereafter sold these plots to the ancestors of the petitioners on 18.6.1963 by a registered sale deed. The ancestors of respondent No. 2 to 5 filed a Suit No. 7/1963 for specific performance against Dukkhi, which was decreed on 31.7.1964. The order was challenged in Civil Appeal No. 303/1964 by the defendant judgment debtors, this appeal was dismissed on 30.10.1965. It was again challenged in Second Appeal No. 335 of 1966 in High Court, which was dismissed on 29.2.1980. The judgment debtor filed review of the aforesaid judgment in appeal, which was also dismissed on 23.2.1981. The S.L.P. filed before the Supreme Court was also dismissed. In the suit, decree was passed for execution of sale deed of specific 19 plots.