SANTOSH AND ORS Vs. LAXMAN AND OTHERS

JUDGEMENT

(1.) Cm-9696-C-2015 This is an application filed under Chapter 1 Part C Rule 2(b) Volume V Punjab and Haryana High Court Rules and Orders read with Order XXII Rule 3 and 11 of the Code of Civil Procedure (for short, "the Code") seeking permission to file the appeal by the legal representatives of deceased-plaintiff No.1 Santosh.

(2.) In view of the grounds mentioned in the application, same stands allowed.

(3.) The defendant-respondent No.1 contested the suit. In the written statement filed by him, he averred that the parents of the plaintiffs had leased out 1/3rd share out of 36 Bighas land to him at the rate of Rs.20/- per year. Subsequently, the plaintiffs alongwith their family members agreed to sell the land to him for a consideration of Rs.60,000/- per acre. Total sale consideration was paid to them in the presence of one Laxman and Gopi Ram son of Dhan Ram. However, the sale deed could not be executed and the mutation on the basis of inheritance was also not sanctioned. The plaintiffs and their other family members promised to execute the sale deed after sanctioning of the mutation. Though the brothers of the plaintiffs executed sale deeds No.726 dated 19.09.2000, No.741 dated 20.09.2000 and No.374 dated 28.07.2003 in his favour but the plaintiffs who were residing at their in-law's place could not do so. The plaintiffs had now become greedy and have retracted from their promise.