RAMAUTAR Vs. AWADHESH NARAYAN SINGH

JUDGEMENT

(1.) The Appeal

(2.) I have heard Shri Akhilesh Kumar, learned counsel for the appellants in both the appeals and Shri Rahul Sripat, learned Senior Counsel assisted by Shri Ishir Sripat, learned counsel appearing through caveat for respondent No. 5 in Second Appeal No. 717 of 2024 and respondent No. 2 in Second Appeal No. 716 of 2024.

(3.) The case of the present appellants is that one Laxmi Devi was bhumidhar of the property in dispute and by executing a document dtd. 25/4/2006, she delivered possession of the same to the appellants in lieu of Rs.3,00,000.00 (rupees three lac) and the appellants raised constructions thereon and are residing therein. The sale deed of 2011 was challenged on the ground that Laxmi Devi, after delivering possession to the appellants, ceased to be owner of the property and, therefore, sale deed executed by her in favour of the vendees was invalid for want of title. It is not in dispute that one of the purchasers from Laxmi Devi also executed a sale deed in favour of contesting-respondent, who is represented before this Court through Shri Sripat and that the said purchaser sought his impleadment under Order XXII Rule 10 of Code of Civil Procedure. The impleadment was allowed and, consequently, the suit was contested in between the ultimate purchaser as well as the present appellants.