KULDEEP Vs. JAIBIR

JUDGEMENT

(1.) By this common order, I am disposing of two revision petitions i.e. C. R. No. 4892 of 2011 titled Kuldeep vs. Jaibir and C. R. No. 4896 of 2011 titled Ashok Kumar Sharma vs. Jaibir and another because both these revision petitions have arisen out of the same suit. Suit has been filed by Jaibir respondent-plaintiff against Kuldeep defendant-petitioner for specific performance of agreement to sell dated 07.11.2003 allegedly entered into by defendant with plaintiff for sale of the suit land. Defendant himself had purchased the suit land from Sanjiv Kumar etc. vide three sale deeds dated 01.06.1999.

(2.) One Ashok Kumar Sharma filed suit against vendors Sanjiv Kumar etc. for specific performance of agreement to sell dated 28.02.1996 allegedly entered into by the said vendors Sanjiv Kumar etc. with Ashok Kumar Sharma. In the said suit, Kuldeep defendant herein was also impleaded as defendant no.8 subsequently. The said suit has been decreed vide judgment and decree dated 13.08.2007 in favour of Ashok Kumar Sharma for specific performance of the agreement to sell dated 28.02.1996 and thereby sale deeds dated 01.06.1999 by vendors Sanjiv Kumar etc. in favour of Kuldeep have also been cancelled and set aside. Pursuant to said judgment and decree dated 13.08.2007, sale deed of the suit land has been executed in favour of Ashok Kumar Sharma.

(3.) Defendant Kuldeep moved application for amendment of written statement to plead that the sale deeds dated 01.06.1999 in his favour have since been cancelled and set aside vide aforesaid judgment and decree dated 13.08.2007 (wrongly mentioned as 13.05.2007) and sale deed has also been executed pursuant thereto in favour of Ashok Kumar Sharma, and therefore, defendant Kuldeep is no longer owner of the suit land.