NURUDIN AND OTHERS Vs. DINESH KUMAR AND OTHERS

JUDGEMENT

(1.) This revision petition has been filed against the order dated 08.10.2015 passed by Civil Judge (Sr. Divn.) Mewat, whereby application by the judgment-debtors No.1, 3, 4 and 6 for dismissing the execution petition has been dismissed.

(2.) Plaintiffs/Petitioners filed suit for declaration and permanent injunction against the defendants No.1 to 5 claiming that the plaintiffs and proforma defendants are owners in possession of suit land being in possession for the last 30 years as Basrah Malkan Bawaja Tawsabar Malkiat Khud as the suit land was sold away by the father of the defendants for a sale consideration of Rs.2500/-. In alternate plaintiffs and proforma defendants sought decree that they became owners by adverse possession.

(3.) The suit was contested. Possession of the plaintiffs was denied. Defendants submitted that their common ancestor Dayal Chand had agreed to sell the land measuring 36 Kanals in favour of one Badlu predecessor-in-interest of the plaintiffs along with one Ishab and that agreement was reduced into writing on 10.09.1963 for a sale consideration of Rs.2500/-. That agreement was scribed by one Shiv Dayal, deed writer and was thumb marked by the parties. One of the vendee under that agreement to sell namely Ishab got the sale deed registered in his favour for the land comprised in Rect. No.50/21 and Rect. No.49/25. But the predecessor-in-interest of the plaintiffs namely Badlu did not comply with his part of obligation arising out of agreement to sell dated 10.09.1963 and, therefore, agreement to sell did not mature. Defendants filed counter-claim for a decree of possession.