MANOHAR LAL Vs. SUNDER LAL AND ANOTHER

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 26.4.2011, passed by the learned court below, whereby the appeal filed by the petitioner against the order rejecting the application filed by him for setting aside of ex-parte decree dated 1.10.1994, was dismissed.

(2.) Briefly, the facts stated by learned counsel for the petitioner are that one Fakira entered into an agreement to sell on 13.8.1985 pertaining to 16 kanals and 14 marlas of land in favour of Sunder Lal @ Rs. 20,000/- per acre. A sum of Rs. 14,000/- was paid as earnest money. The last date for execution of sale deed was 12.8.1986. The vendor having not got the sale deed registered, a panchayat was convened. The matter in dispute was compromised and on 16.2.1987, Fakira got the sale deed for 8 kanals of land registered in favour of son and nephew of Sunder Lal.

(3.) Subsequent thereto, Sunder Lal filed a suit for possession by way of specific performance of agreement to sell dated 13.8.1985 pertaining to the entire land on 8.8.1988. Though transfer of part of the land was in the knowledge of Sunder Lal, but the transferees, namely, his son and nephew were not impleaded as defendants in the suit. Fakira sold 5 kanals and 9 marlas of land to one Parmal Singh on 2.5.1990 for a sale consideration of Rs. 31,000/-. Parmal Singh sold the same land on 7.10.1991 to petitionerManohar Lal. Mutation on the basis of the aforesaid sale deed was also entered in favour of the petitioner on 16.10.1991.