LAKHPAT SINGH AND OTHERS Vs. NIRMAL AND OTHERS

JUDGEMENT

(1.) By this judgment, two appeals i.e. Regular Second Appeal Nos.4181 and 4224 of 2012 between the same parties represented by common counsels in an inter related suits shall stand disposed of. Counsel for the parties are also agreed that both the appeals can be disposed of by a common judgment.

(2.) Defendant no.1-appellant along with others are in the regular second appeal against the judgments passed by both the courts below granting decree for possession by way of specific performance of the agreement to sell and in the second suit decree for permanent injunction. In the considered view of this court, following substantial questions of law arise for consideration:-

(3.) Bhim Singh was Numberdar and on his death, he had left behind widow Kalawati and his children. Kalawati had executed a registered sale deed in favour of appellant Lakhpat on 13/3/1997 with respect to land measuring 7 kanals and 2 marlas. Three sons of Smt. Kalawati namely, Gir Raj Singh, Yudhvir Singh and Tejvir Singh are marginal witnesses to the aforesaid registered sale deed. Entire effort is to get the sale deed set aside in which the family of Kalawati has remained successful by filing various litigations. Nand Kishore, son of Kalawati filed a separate suit challenging the sale deed executed and registered by Kalanwati on 13/3/1997 in which he failed before the courts below and regular second appeal is being decided by a separate judgment of even date. Present suit was filed on 29/3/1997 by Nirmal, grand daughter of Kalawati. Nirmal is daughter of Bagwati daughter of Kalawati. Thus a grand daughter has filed the suit for specific performance of the agreement to sell against her own maternal grand mother.