LAWS(MPH)-2009-9-48

SHIVNARAIN Vs. THAKURA

Decided On September 04, 2009
SHIVNARAIN Appellant
V/S
THAKURA Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the dismissal of the suit of the plaintiff for restoration of possession by the Court below in a concurrent manner.

(2.) CASE of the plaintiff is that he entered into an agreement of purchase with defendants/respondent No. 1 on 3/7./974 (Ex. P/2) for a consideration of Rs. 5,000.00. Asum of Rs. 3,500.00 was paid out of the consideration as advance and possession was obtained. Later on, registered sale deed was executed on 22/7/1975 (Ex. P/1).His name was mutated as revealed in Ex. P/3. He was dispossessed on 16/8/1977. Hence the suit for restoration of possession.

(3.) SHRI C.R. Roman and SHRI S.K. Jain, learned counsel appearing for the respective parties made their submissions.