GOPAL KRISHAN Vs. KURIL BARADARI SOCIETY (REGD.)

JUDGEMENT

(1.) This order of mine shall dispose of two regular second appeals bearing RSA No.1963 of 2017 titled as "Gopal Krishan and another Vs. Kuril Baradari and others" and RSA No.1829 of 2017 titled as "Gopal Krishan and another Vs. Rakesh Kumar and others" arising out of the decision of one civil suit filed by the plaintiffs as against the judgment and decree of the trial Court decreeing the suit, defendant Nos.1 and 2 filed the appeal separately, whereas defendant No.3 independently.

(2.) The plaintiffs claiming to be Members of the respondent(s)- Society filed a suit by invoking the provisions of section 92 of the Code of Civil Procedure accompanied by a separate application seeking leave of the Court, challenging the sale deed dated 10.08.2009 executed by the Society in favour of defendant No.3 on various grounds including the sale deed was without consideration and want of legal necessity.

(3.) The defendants opposed the suit by relying upon the resolution authorizing the President of defendant No.1/Society to sell the superstructure and not the land.