MITHU KHAN Vs. PIPARIYAWALI

JUDGEMENT

(1.) The appellant-defendant has preferred this second appeal under S. 100 of the Code of Civil Procedure, against the judgment and decree passed by Additional District Judge, Vidisha, in Civil Appeal No.10A of 1972, dated 27-6-1972.

(2.) The respondent No.1-Plaintiff filed a suit in the Court of Civil Judge, Class II, Vidisha, against the appellant and respondents Nos.2 and 3, alleging that defendant No.2, Paras Ram executed an agreement for sale on 5-2-1960 of his agricultural land, survey No.545/1, named 'Bada Gadha', situate in village Aharkotra, District Vidisha, for a consideration of Rs.550/-. This amount was paid by him in two instalments, first of Rs.400/-and second of Rs.150/-. This second instalment was paid by him on 21-9-1963, for which he was given a receipt executed by respondent No.2 Paras Ram. The plaintiff further averred that he was given the possession of the suit land. According to the plaintiff the appellant and the respondent No.3, with full knowledge of this agreement, purchased the suit land by a registered sale deed from respondent No.2 on 31-1-1960. Upon this, the appellant and respondent No.3 ejected him illegally from the suit land and took possession in the month of Asad Samvat 2026. The plaintiff, therefore, filed this suit praying for a decree of specific performance of contract with a direction to execute a valid sale deed in his favour. He further prayed for the ejectment of the appellant and respondent No.3 from the suit land and restoration of possession to him.

(3.) The respondent No.2 denied the facts contained in the plaint but took the stand that the property was a joint Hindu family property, consisting of himself, Madhosingh and Jaswant Singh etc. The respondent No.2 further averred that he has no independent title over the suit land.