SHIV SAMPAT Vs. SUSHIL KUMAR AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the appellant on point of admission of the Second Appeal.

(2.) Original Suit No. 59/ 2004, Shiv Sampat Vs. Sushil Kumar & others, was filed for relief of cancellation of sale deed, which was dismissed by judgment dated 17.11.2009 of Civil Judge (Junior Division), Chitrakoot. Against this judgment Civil Appeal no. 67/2009, Shiv Sampat Vs. Sushil Kumar & others was preferred, which was dismissed by judgment dated 07.08.2015 of Additional District Judge, Court No.-4, Chitrakoot with special cost. Against both the judgments of the trial court and the first appellate court, this second appeal has been preferred by the plaintiff of the original suit.

(3.) The plaint case in brief was that plaintiff (/appellant) had entered into an unregistered agreement to sell of disputed property with defendant no.-1 Sushil Kumar on 9.5.1988. From that date he is in possession and cultivation of disputed agricultural land. The defendant no. 1 had executed registered sale-deed dated 29.08.2003 of said property in favour of defendants nos. 2 & 3. Since defendant no.-1 had executed this sale-deed against the earlier unregistered agreement to sell with plaintiff, therefore, this registered sale-deed dated 29.8.2003 should be cancelled.