BANSI Vs. PURAN SINGH

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 17.12.1999 passed by the Civil Judge (Junior Division), Panipat, who dismissed the application of the petitioner for the framing of additional issues.

(2.) THE brief facts of the case are that Puran, decree-holder, now, respondent, filed a suit for possession by way of specific performance of the agricultural land fully described in the head note of the plaint, on the allegations that Bansi, the present petitioner, vide agreement of sale dated 31.5.1976, agreed to sell the suit land @ Rs. 2,000/- per acre, after receiving Rs. 12,000/- and the sale deed was to be executed on or before 30.5.1977. It was also the averment of the plaintiff in the suit that the possession of the land was handed over to him at the time of the agreement and that the defendant No. 1 had purchased the suit land from the Custodian Department in a restricted auction for Harjians only. Defendant No. 1 is not complying with the terms of the agreement. Hence, the suit for possession. It may also be mentioned here that the plaintiff got an injunction against defendant No. 1-petitioner, that he should not sell the property during the pendency of the suit. In spite of the injunction issued against defendant No. 1, he sold the property to defendants No. 2 to 7.

(3.) REPLICATION was also filed and the following issues were framed :-