KADAM SINGH Vs. SANTOSH KUMAR

JUDGEMENT

(1.) -

(2.) THIS appeal is directed against the judgment and decree passed on 14-2-74 by Mr. Manphool Singh, 1st Additional Civil Judge, Meerut in suit no. 206 of 1973.

(3.) ONLY defendants nos. 1 and 2 contested the suit. They pleaded that they were bonafide purchasers of the disputed property for value without any notice of the alleged agreement in plaintiff's favour. They contended that Kharkoo had received Rs. 42000/- from them by way of consideration of the sale deed and the deed was executed on 17-1-72 validly and rightly. According to them, Kharkoo died on 29-1-73 and not on 20-1-73 and had delivered possession of the property to defendants nos. 1 and 2 and had acknowledged receipt of the entire sale consideration of Rs. 42000/- before the Sub-Registrar. The defendants challenged the existence of the alleged agreement Ext 2 at the time of execution of sale deed Ex-A 1 and contended that Kharkoo neither executed the agreement nor put his thumb impression on it. They also pleaded that they had no information of the existence of this deed of agreement, if at all, and hence no relief can be claimed. They were justified in selling the property, which they had obtained from Kharkoo, to other persons and to enter into agreement to sell in favour of defendants nos. 3 to 6. The plaintiff has never been in possession of the disputed property and the suit was liable to be dismissed.