KAILASH NARAYAN Vs. JAGDISH SINGH TOMAR

JUDGEMENT

(1.) THIS is defendants' appeal against the judgment and decree, dated 31.10.2001, passed by the III Additional District Judge, Gwalior, in Civil Appeal No. 15/2000, reversing the decree passed by the IXth Civil Judge, Class I, Gwalior in Old Civil Suit of 1986 renumbered as Civil Suit No. 260- A/1998 dated 29.11.1999.

(2.) LATE Jagdish Singh Jat was owner of agricultural land bearing Survey No. 1178/1 and 1179 total area of 4 bigha and 16 biswa in village Bijoli, Tahsil and District Gwalior. By an agreement dated 7.4.1986 (Ex. P-1) he agreed to sell the said property to the respondents-plaintiff Jagdish Singh Tomar for a consideration of Rs. 19,200/-. Out of the agreed consideration he received Rs. 15,000/- as advance on 1.4.1986 and rest of the amount amounting to Rs. 4,200/- shall be paid at the time of registration of execution of the sale deed. He also agreed that within aperiod of two months he will execute the sale deed in favour of the respondents, after obtaining necessary permission from the Court. It is also agreed that in case respondent-plaintiff will not execute the sale deed in his favour then he will execute the sale deed in the name of other person with the consent of respondents failing which respondent will execute the sale deed through Court. On 17.6.1986 vide Ex. P-3 the present appellant i.e. defendant No. 2 to 6 executed sale deed in their favour from the vendor Jagdish Singh Jat and on the basis of said sale deed now he is drawing to obtain the possession from the plaintiff.

(3.) THE present appellants-defendants No. 2 to 6, subsequent purchaser proceeded ex parte and no written statement was filed by them nor any evidence was recorded by them.