RAMLAL Vs. MANGAL SINGH

JUDGEMENT

(1.) THIS is second appeal preferred by the defendant-appellant and cross-objections filed by the plaintiff-respondent No. 1 against the judgment and decree dated 4th December, 1992 passed by the find Additional District Judge, Vidisha in Civil Appeal No. 8A/1983 which arose from the judgment of Civil Judge, Class II, Sironj in Civil Suit No. 67A/1968.

(2.) THE plaintiff-respondent No. 1 had sued the defendants with the allegations that the defendants No. 2, 3 and 4 sold the suit land to him for Rs.

(3.) DEFENDANT No. 1 - appellant however denied that the plaintiff purchased this property from defendants No. 2 to 4. He also urged that in any case if there was any sale deed, it was ineffective against his right on the land. He claimed that he always remained in possession of the suit land and the proceedings under section 145 CrPC arose because the plaintiff tried to interfere with the property. He claimed to have purchased the suit land from defendant No. 3 with the consent of defendant No. 2 and 4 for Rs. 3,000/- (three thousand) by an unregistered sale deed, whereunder the possession was also given to him. He has performed his part of agreement of sale and so he was protected by the doctrine of part performance of the contract. Therefore, he claims to have become owner of the suit land. It is urged that if knowing of these facts, the plaintiff purchased the suit land from the defendant No. 2 to 4, he could not acquire any title to it.