VED PARKASH Vs. RAM SINGH AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed at the instance of appellant -defendant No. 2 against the concurrent finding of fact rendered by the Courts below whereby the suit of respondents -plaintiffs had been decreed. Respondents -plaintiffs on 12.05.2005 had filed a suit challenging the sale deed dated 05.05.2005 executed by defendant No. 1 in favour of defendant No. 2, during the pendency of the civil suit No. 136 of 20.01.1998.

(2.) THE case set up by the respondents/plaintiffs was that plaintiff -Dharam Chand purchased land by virtue of sale deed dated 08.02.1971 from defendant No. 1, his name was incorporated in the revenue record and during the pendency of the earlier suit, defendant No. 1 who had already sold the property to the plaintiffs in the year 1971, again sold the property to defendant No. 2, vide sale deed dated 05.05.2005.

(3.) MR . Ashish Aggarawal, learned Senior Counsel assisted by Mr. Ankit Aggarwal, Advocate has raised two fold arguments that doctrine of lis pendens would not apply and the suit ex facie was barred by the provisions under Order 2 Rule 2 of the CPC. Mr. Aggarwal, learned Senior counsel further argued that the simpliciter suit for declaration and permanent injunction without claiming relief of possession was also not maintainable.