MISHRILAL THROUGH LEGAL HEIRS Vs. SAMARTHMAL & OTHERS

JUDGEMENT

(1.) The present Second Appeal is arising out of the judgment dated 05.04.2005 passed by the Civil Judge, Class-I Kukshi in Civil Suit No.44-A/2000, by which the suit as well as the counter claim has been dismissed.

(2.) The undisputed facts of the case reveal that one Narayan was the owner of the suit property and an agreement took place in respect of sale of suit property on 13.01.1978 and it was an oral agreement. The suit property is a house. Thereafter, the agreement was reduced in writing on 08.04.1978. As the terms and conditions of the agreement were violated, a legal notice (Exhibit-P/2) on behalf of Narayan to Mishrilal, the present appellant/plaintiff, was served terminating the agreement.

(3.) The undisputed facts also reveal that Narayan was the titleholder of the property and now the legal heirs of Narayan are on record. The appellate Court vide judgment and decree dated 11.12.2006 has allowed the appeal and has held that Narayan is entitled for possession of the suit property.