LAKSHMAN SINGH Vs. MANOJ

JUDGEMENT

(1.) Heard on the question of admission. This second appeal under Sec. 100 of CPC has been filed by the appellants/defendants being aggrieved by the judgment and decree dtd. 25/07/2025 passed by Ist District Judge, Dhar, District-Dhar (M.P.) in RCA No.30/2023 filed by respondent/plaintiff whereby the judgment and decree dtd. 29/04/2023 passed by IInd Additional Civil Judge, Senior Division, Dhar, District- Dhar (M.P.) in RCSA No.1200067/2016, was set-aside.

(2.) That on 08/09/2016, the respondent No.1/plaintiff (Manoj S/o Ramdev Singh) had preferred a Civil Suit No.67-A/2016 seeking the relief of specific performance of Contract and permanent injunction before the learned Trial Court in respect to land admeasuring 0.368 hectare forming part of survey No.1013/1/2 and also land admeasuring 1.494 hectare forming part of survey No.1027/1 situated at Village-Tirla, Tehsil & District-Dhar (M.P.).

(3.) That it was stated in the plaint by the respondent No.1/plaintiff that original defendant (Lakshman Singh S/o Inder Singh) had entered into an agreement to sale dtd. 23/12/2014 with him with respect to land admeasuring 0.368 hectare forming part of survey No.1013/1/2 and also land admeasuring 1.494 hectare forming part of survey No.1027/1 situated at Village-Tirla, Tehsil & District-Dhar (M.P.) (Herein after referred as the suit property) for a total consideration of Rs.40,11,000.00 It was further stated in the plaint that after receiving cash consideration of Rs.40,11,000.00 on 23/12/2014 original defendant (Lakshman Singh. S/o. Inder Singh) had allegedly executed Sale Agreement (Ex.P/11) in favor of the respondent No.1/plaintiff. It is further alleged in the plaint that the cash consideration was paid on different dates and the alleged agreement was executed in presence of witness Pradeep Bafna (PW/3) and Ravi Ninama.