RAMNIDHI RAM SUNDAR Vs. RASHI RAMAN MISHRA

JUDGEMENT

(1.) THIS is an appeal filed by defendants 1 and 2 against the order dated 17-3-1994 passed by Smt. Aradhana Choubey, third Additional Judge to the Court of District Judge, Rewa in Civil Suit No. 4-A/94. This appeal has been filed under Section 104, read with Order 43, Rule l (r) of Code of Civil Procedure.

(2.) UNDISPUTED facts of this case are that the appellant No. 1 owned Khasra No. 348, area 0. 54 acres, Khasra No. 367, area 0. 05 acres, Khasra No. 389, area 0. 07 acres, Khasra No. 374, area 0. 08 acres and Khasra No. 361, area 0. 01 acres situate in village Sonvarsha, Tehsil Sirmaour, Distt. Rewa. The total area of aforesaid land comes to 0. 80 acres of land.

(3.) THE respondent No. 1 filed Civil Suit No. 4-A of 1994 for specific performance of agreement dated 4-4-1993. He claimed that pursuant to the aforesaid agreement with appellant No. 1 he had paid Rs. 36,300/- to appellant and was ready and willing to pay the balance of amount Rs. 3,700/ -. Thus according to respondent No. 1 the sale price of the entire land was Rs. 40,000/ -. In his pleadings the, respondent No. 1 also claimed that the possession of suit land was delivered to him in pursuance of the agreement to sell and from 4-4-1993 he was in continuous possession of the land. It was further stated in the plaint that appellant No. 1 had executed a registered sale-deed dated 20-10-1993 in respect of the land in dispute and sold it to appellant. No. 2. The respondent No. 1 made a prayer that this registered sale-deed dated 20-10-1993 be declared null and void because the appellant No. 2 had got the sale-deed executed in his favour with full knowledge of previous agreement. The respondent No. 1 also claimed to be in possession of the lands in dispute and, therefore, claimed a further relief of permanent injunction against the appellants 1 and 2 who were defendants Nos. 1 and 2 respectively in the suit. The respondent No. 2 the State of Madhya Pradesh is a proforma party to the suit.