LAWS(P&H)-2016-7-69

BHURU Vs. CHANDGI RAM AND OTHERS

Decided On July 18, 2016
BHURU Appellant
V/S
Chandgi Ram And Others Respondents

JUDGEMENT

(1.) This appeal was filed by Bhuru who was successor -in - interest of Matadeen/defendant in the original suit.

(2.) A suit for possession was filed by respondents against Matadeen brother of Bhuru on the ground that Matadeen had pre - empted the sale of 13 kanals of land in aforesaid Suit No.104 dated 24.05.1980 titled as Matadeen Vs. Chandgi Ram and others. The said land was sold by one Gopal son of Ganga Ram for a sale consideration of Rs.19500/ - in favour of plaintiffs Chandgi Ram and others vide registered sale deed dated 20.06.1979. The suit was decreed by Sub Judge, First Class, Rewari vide judgment and decree dated 25.08.1981 subject to depositing Rs.19,500/ - as a sale consideration of Rs.2437.50/ - as stamp charges minus 1/5th pre -emption money already deposited by Matadeeen. The amount was to be deposited on or before 25.09.1981.

(3.) Appeal against the judgment and decree dated 25.08.1981 was dismissed by Additional District Judge -II, Narnaul vide judgment and decree dated 31.05.1984. Matadeen remained successful in further appeals upto the level of Hon'ble Supreme Court. Matadeen had in execution of aforesaid decree statedly taken possession of the suit land on 05.03.1983.