GURUSARAN NIGAM Vs. RADHESHARAN NIGAM

JUDGEMENT

(1.) Since F.A.No.605/2005 filed on behalf of the plaintiffs and F.A.No.720/2005 filed on behalf of legal representatives of defendant No.1 and defendant Nos. 2 and 3 and arises out of the same judgment and decree dtd. 12/5/2005 passed by District Judge, Narsinghpur (M.P.) in Civil Suit No.7-A/2005 [Gurusaran Nigam (dead) through Lrs and Others vs. Radhesharan (Dead) through Lrs and Others], hence, this common judgment will govern the disposal of both first appeals i.e. F.A.No.605/2005 and F.A.No.720/2005.

(2.) These appeals under Sec. 96 of the CPC of 1908 have been filed against the judgment and decree dtd. 12/5/2005 passed by District Judge, Narsinghpur (M.P.) in Civil Suit No. 7-A/2005, whereby the learned trial Court has granted permanent injunction in favour of the plaintiffs and against the defendants that defendant No.2 as a President of Chanda Nagar Grah Nirman Samiti will not alienate or sell the remaining plots of Chanda Nagar Grah Nirman Samiti till fulfilment of certain conditions enumerated in para 76 (B) of the impugned judgement and decree and decline to declare the sale-deed dtd. 30/08/1990 executed by defendant Nos. 1 to 5 in favour of defendant No.7.

(3.) Admitted facts as mentioned in the impugned judgment and are revealed from the case are that as follows :-