NARESH KUMAR Vs. SUMESH RANA

JUDGEMENT

(1.) These two regular second appeals have been filed by the plaintiff in a suit by which he sought possession of the suit property after specific performance of an agreement of sale dtd. 18/3/2004, contended by him to have been entered into between respondent-defendant no.1, Sumesh Rana and himself.

(2.) As per the appellant, the suit land was in the ownership of respondent-defendant no.1 who had executed the aforesaid agreement of sale with the appellant for a total sale consideration of Rs.1,85,938.00 (@ Rs.2.5 lacs per acre), with earnest money of Rs.1,30,000.00 paid by the appellant to him. The date by which the sale deed was to be executed, as per the appellant, was 18/9/2004 (six months after the date of agreement).

(3.) The appellant had further contended in his plaint that respondent-defendants no.2 to 5, despite being aware of the agreement dtd. 18/3/2004 in his favour, had claimed that a part of the suit land had been transferred to them and consequently, they too were impleaded in the suit as defendants.