GHULAM MOHAMMAD BHAT Vs. ABDUL RAHIM SHEIKH

JUDGEMENT

(1.) RESPONDENTS No. 1 to 3 are the sons and respondent No. 4 is the daughter of one Ghulam Ahmad Sheikh. The said deceased Ghulam Ahmad Sheikh has left behind property including the land covered by survey No. 306/51 Khewat No. 65 situated at Parimpora Srinagar. Respondents No.2 to 4 out of said survey number have sold land measuring 1 kanal 19 marlas 111 sq ft. to the petitioner through registered sale deed executed on 6-10-2004.

(2.) THE respondent No. 1 claimed to have first right to purchase, so filed suit for right of prior purchase which has been decided by the Court of Additional District Judge, Srinagar on 23-2-2008 in ex parte because the petitioner and respondents No. 2 to 4 despite proper service had first failed to appear but then Mr. N. A. Kuchay Advocate had appeared but then again remained absent. Noticing the same position, trial Court has recorded that there was no option but to proceed in ex parte. The trial culminated in decreeing the suit in ex parte in favour of the respondent No.1 (plaintiff) with a condition that he will deposit the consideration amount (purchase money) of Rs. 70,000.00 within one month from the date of decree. On payment thereof, defendants (petitioner and respondents No.2 to 4) shall deliver possession of the suit land to the respondent No. 1 (plaintiff) whose title thereto shall be deemed to accrue from the date of payment. In case of default in deposit of the purchase amount, the suit shall be dismissed with costs.

(3.) IN compliance to the said order dated 1-6-2011, possession as per reports is shown to have been delivered to the respondent No. 1 decree holder.