HARI BABU Vs. HIMMAT SINGH

JUDGEMENT

(1.) PRESENT first appeal has been filed by the appellants being aggrieved of the judgment and decree passed by the 2nd Additional District Judge, Mandsaur dated 30th of September, 2003. By the impugned judgment, learned Additional District Judge has dismissed the suit filed by the appellants for specific performance of the suit property on the basis of agreement executed between them on 04th of September, 1998 as barred by limitation as also barred under the provisions of Order II Rule 2 of CPC.

(2.) BRIEFLY stating the facts giving arise to filing of this appeal are

(3.) TH of September, 1998 without giving any permission to differ such relief in accordance with the provision of Order II Rule 2 of CPC. The appellants then served the respondents with a legal notice calling upon them to hand over the possession of the balance property and also to execute the sale deed of the remaining property. For the sake of reference, the said notice ( Ex. -P/18) is reproduced hereunder : <IMG>JUDGEMENT_1013_TLMPH0_2013.jpg</IMG> <IMG>JUDGEMENT_1013_TLMPH01_2013.jpg</IMG> <IMG>JUDGEMENT_1013_TLMPH02_2013.jpg</IMG> 4. The appellants also published a notice in newspapers bringing the agreement in question to public notice and cautioning others from purchasing the suit property vide notice Ex. -D/1.