PHOOL SINGH Vs. AMIT KUMAR

JUDGEMENT

(1.) The present revision petition under Article 227 of the Constitution of India has been filed challenging the impugned orders dtd. 5/4/2022 and 8/3/2022 passed by the Courts below dismissing the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) filed by the plaintiff-petitioners herein.

(2.) The brief facts relevant to the present Us are that the plaintiff-petitioners filed a suit for permanent injunction averring therein that they were the owners in possession of Residential Plot No.2 measuring 394 sq. yards comprised in Killa No.216//10/1, 11, 12, 20, 22 min, Mauja Garhi Bohar, Tehsil and District Rohtak. It was further averred that the plaintiff-petitioner No.l had paid an amount of Rs.15.00 lakhs on 27/8/2013 and an amount of Rs.20.00 lakhs on 25/10/2013 to one Wazir Chand who had thereafter executed a written agreement to sell in their favour on 3/9/2015 for a total sale consideration of Rs.66,98,000.00 which included Rs.35.00 lakhs as mentioned above. It was further averred that the said Wazir Chand handed over possession to the plaintiff-petitioners and the plaintiff-petitioners had constructed a boundary wall on the plot and had installed a gate and the same was in their possession since then. It was further averred that Wazir Chand did not execute the sale deed despite being requested numerous times and a suit for specific performance was also pending qua the same.

(3.) The suit was contested by the defendant-respondents who took the plea that the suit property was initially owned by Kitabo (defendant-respondent No.3) and Rajesh and Rakesh (defendantrespondent Nos.4 and 5) who had sold the suit property to Sumitra Devi (defendant-respondent No.2) vide a registered sale deed dtd. 24/7/2018 who further sold the same vide a registered sale deed dtd. 17/7/2019 in favour of defendant-respondent No.l.