SHAHAB-UD-DIN Vs. RADHEY SHYAM BANSAL

JUDGEMENT

(1.) Shahab-Ud-din son of Bashir-Ud-Din, who was defendant No.8 in the trial Court and who is a subsequent vendee, has filed the present S.A.O. and it has been directed against the judgment dated 11.11.1987 passed by the Additional District Judge, Faridabad, who after allowing the application Under Order 6 Rule 17, CPC, of the plaintiffs Radhey Shyam Bansal and Jagan Nath Bansal, allowed the appeal and set aside the judgment and decree of the trial Court and remanded the case with the following directions.

(2.) Some facts of the case can be noticed in the following manner:-

(3.) Radhey Shyam and Jagan Math Bansal were the plaintiffs before the trial Court and they filed a suit for specific performance and agreement for sale and for permanent injunction against the defendants, including the present appellant Shahab-Ud-Din. It was alleged by the plaintiffs that they had entered into an agreement of purchase. The plaintiffs alleged that the land measuring 12 Kanal 7 marlas situated on 13/1 Mathura Road, Faridabad, forming part of killa No.50/6 and 51/10 originally belonged to Kailash Chander and Ramesh Chander jointly and they owned the property in equal shares as shown in the plan attached with the plaint by words ADEH. Kailash and Ramesh sold 1/2 share of the property to Radhey Shyam Bansal, plaintiff, through a registered sale deed dated 14.8.1968. This property is marked CDE and is shown in green colour in the plan attached. Thereafter, a partition in respect of the half property took place between Kailash and Ramesh Chander. Half of the remaining property measuring 3 kanals 1-3/4 marlas fell in the share of Kailash and half measuring 3 kanals 1-3/4 marlas fell in the share of Kailash and half measuring 3 kanals 1-3/4 fell in the share of Ramesh. The portion which fell to the share of Kailash is marked ABGH while the portion marked CDEF shown in green colour was transferred to Radhey Shyam Bansal. Kailash son of Mela sold the property measuring 3 kanals 13/4 forming part of killa No.50/6 and 51/10 marked ABGH, shown in blue colour, to Jagan Nath vide sale deed dated 30.12.1969. Jagan Nath is real brother of Radhey Shyam and Raj Kumar is real first cousin of Jagan Nath and Radhey Shyam. The, remaining portion of the property 1-3/1, Mathura Road, forming part of killa No. 50/6 and 51/10 measuring 3 kanals 13/4 fell to the share of Ramesh Chander son of Mela Ram which is a disputed one. This property has been shown with the words BCFG in red colour in the plan.