JABBAR Vs. BRAHAM PARKASH

JUDGEMENT

(1.) Challenge in the present appeal has been directed against concurrent findings recorded by the Courts whereby suit for specific performance in respect of agreement to sell dated 08.05.1995 purportedly executed by the appellants/defendants through their mother for sale of 2/3rd share in agricultural land detailed in para 1 of the plaint was decreed by the trial Court vide decree and judgment dated 24.02.2010 and appeal preferred by unsuccessful defendants/appellants did not find favour with the Additional District Judge, Nuh (Mewat).

(2.) The suit was earlier decreed vide judgment and decree dated 24.02.2006 but appeal preferred by the appellants/defendants who were minors at that time was allowed and the case was remitted to the trial Court for decision on all the issues after compliance of the mandatory provisions of Order 32 Rule 3 of the Code of Civil Procedure, 1908 (in short 'the Code') governing appointment of a guardian for a minor defendant. It was further directed that trial before the Court below shall commence denovo.

(3.) During pendency of suit at the second stage, the appellant attained majority and they filed written statement in their personal capacity contesting suit of the respondent/plaintiff. It was averred that Smt. Sarifan, their mother, left village Mehraula after death of their father. She never entered into agreement with the respondent to sell the disputed land. Sarifan had adverse interest against them and she never cared to maintain them. The appellants had been residing with their uncle namely Kasam. The impugned agreement is false and fabricated, prepared with a view to grab their land. Their mother never obtained any permission to sell their land.