ABU ZAR REHMAN KHAN Vs. PRAKASHCHANDRA SHRIRAM GOTMARE

JUDGEMENT

(1.) By this revision, petitioner is challenging the order dated 07.02.2014 passed by the Civil Judge, Junior Division, Sangrampur in Regular Civil Suit No.17/2012, thereby rejecting the petitioner's application filed under Order 7, Rule 11 (d) of the Code of Civil Procedure.

(2.) Facts, which are relevant, for deciding this revision can be stated, in, brief as follows: The suit property which is a agricultural land was originally owned by the father of respondent No.2. On 08.05.1973, the father of respondent No.2 entered into an agreement to sell the said property to respondent No.1 and his mother Subhdrabai for a consideration of Rs.1,375/. The sale deed was to be executed after obtaining necessary permission from the competent authority.

(3.) Thereafter in the year 1995 respondent No.2 filed a suit for possession against the respondent No.1 bearing Regular Civil Suit No.35/1985. The said suit came to be dismissed on 23.05.1993, and the appeal preferred against the judgment and order, bearing Regular Civil Appeal No.17/1993, came to be dismissed on 06.11.1998. Thereafter, several years, respondent No.1 filed a suit against the respondent No.2, bearing Regular Civil Suit No.12/2011, which came to be withdrawn with liberty to file a separate suit on the same cause of action, and then the suit No.17/2012 came to be filed for specific performance of the agreement dated 08.05.1973.