VIVEK JHA Vs. BHARAT SUMAN

JUDGEMENT

(1.) The appellants/defendants No.2 and the legal representatives of the deceased/defendant No.3 have filed the appeal under Section 96 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 12.5.2006 passed by the Court of First Additional District Judge, Shivpuri (Shri J.M. Chaturvedi) in Civil Suit No.60A/05 decreeing the suit filed by the respondent No.1/plaintiff for specific performance of the contract dated 19.11.99 Ex-P/1 and also declaring the sale deed dated 4.5.2000 executed by the respondent No.2/defendant in favour of the appellants/defendants as null and void. In this appeal, the appellants are referred as 'defendants No. 2 and 3', respondent No.1 as 'plaintiff' and respondent No.2 as 'defendant No.1'.

(2.) Admitted facts are that the defendant No.1 Ramjeet was the Bhumiswami of the disputed land Survey No.19 area 5 Bigha 9 Biswa survey No. 2 area 4 Bigha 9 Biswa situated at village Noharikhurd, District Shivpuri. He had sold the disputed land vide registered sale deed dated 4.5.2002 to the defendant No.2 Vivek Jha and his brother Vishal Jha who has died and his legal representatives are the defendant No.3 (a) and 3 (b) being his heirs.

(3.) Facts in brief of the plaint are that the plaintiff Bharat Suman had contracted to purchase the disputed land from the defendant No.1 Ramjeet for consideration of Rs.50,000/-. The defendant Ramjeet executed a document of agreement to sell on 19.11.99 receiving Rs.50,000/- from the plaintiff. The contract was to be performed by 19.11.02. Before expiry of the said date defendant No.1 sold the disputed land to Vivek Jha and Vishal Jha. When the plaintiff came to know about the sale transaction he met the defendant No.1 Ramjeet and asked as to why he had executed the sale deed Ex-P/2 in favour of the purchaser Vivek Jha and Vishal Jha. Upon this Ramjeet told him that he had already sold the disputed land and the plaintiff could do whatever he wanted to do. The plaintiff has further alleged that the said sale deed is not binding on the plaintiff. Consequently, the plaintiff filed the suit for specific performance of the contract against the defendants.