SHAKUNTI DEVI Vs. NAWAL KISHORE SHARMA

JUDGEMENT

(1.) The civil revision application was originally filed by defendant-appellant, Smt. Shakunti Devi. During the pendency of this civil revision application a petition was filed for adding one Brajesh Kumar and another Vikash Kumar as petitioners in the revision application on the ground that they are transferees from the original petitioner of this revision application. The petition was allowed by this court on 19th of September, 1996 and they have also been impleaded as petitioners and were heard.

(2.) The order dated 5th of July, 1994 passed by the learned 5th Additional District Judge in Misc. Appeal No. 30 of 1992 is under challenge in this case. By the impugned appellate order and judgment the appellate court dismissed the appeal and confirmed the order dated 18th of May, 1992 passed in Misc. Case No. 1/89 and held that the ex pane judgment and decree passed in Title Suit No. 165/86 is legal and justified.

(3.) The plaintiff-opposite party 1st set filed the Title Suit No. 165/86 for specific performance of contract on the basis of a Mahadanama dated 21st of August, 1985. It was alleged that the defendant-petitioner No. 1 agree to sell the suit property in favour of the plaintiff-opposite 1st party for a consideration of Rs. 48,000/-, out of which Rs. 5,000/- was paid as advance. It was further alleged that in spite of request the defendant-petitioner No. 1 had no! executed the sale-deed, though the plaintiffs were inclined to pay rest amount. The suit was decreed ex pane on 5th of September, 1988 followed by decree signed on 26th of November, 1988.