GURMIT SINGH Vs. KAPOOR SINGH

JUDGEMENT

(1.) By way of present appeal challenge has been laid to the judgments and decrees dtd. 2/3/2012 and 26/8/2014 passed by the Courts below, whereby a suit for possession by way of specific performance, filed at the instance of respondent No.1-plaintiff, stands decreed.

(2.) Briefly stating, the case set-up by respondent No.1-plaintiff in the plaint is as under:-

(3.) Upon notice, two separate written statements were filed on behalf of respondents No.2 and 3/defendants No.1 and 2 and appellant-defendant No.3, respectively. The case set-up by defendant No.3 in his written statement was to the effect that he was a bonafide purchaser and that the plaintiff as well as defendants No.1 and 2 filed the suit in collusion with each other. It was further pleaded that defendant No.3 purchased the suit property through registered sale deed for valuable consideration from defendants No.1 and 2 and as such he was owner in possession of the suit property, whereas, defendants No.1 and 2 initially denied the execution of agreement to sell dtd. 7/1/2003, in their written statement to the original plaint, however, in their written statement to the amended plaint, the agreement to sell in question through their Power of Attorney holder was admitted.