HANUMAN AND OTHERS Vs. RAJESH KUMAR AND OTHERS

JUDGEMENT

(1.) This is second appeal by some of the defendants.

(2.) Suit was filed by respondent no.1 plaintiff against appellants and proforma respondents, who include legal representatives of some of the deceased defendants. Suit was based on agreement to sell dated 06/07.05.1997 executed by Shanti Devi regarding the suit land in favour of the plaintiff. The plaintiff also claimed that possession of the suit land was delivered to him at the time of agreement and accordingly, he is in possession thereof.

(3.) Defendants claimed themselves to be successors-in-interest of Shanti Devi, which fact was disputed by the plaintiff. The plaintiff sought permanent injunction restraining the defendants from interfering in possession of the plaintiff over the suit plot. In the alternative, decree for specific performance of the agreement was also sought, if defendants were proved to be legal heirs of Shanti Devi. Alternative relief of recovery of money was also claimed.