RAMPAT Vs. KULDEEP AND ORS.

JUDGEMENT

(1.) THE present appeal has been filed by the appellant -original plaintiff under Section 96 of C.P.C. challenging the judgment and decree dated 30.8.2008, passed by the Additional District Judge(Fast Track) Behror, Alwar,(hereinafter referred to as the trial Court)in Civil suit No.36/2007, whereby the trial Court has dismissed the suit of the plaintiff seeking specific performance of the agreement dated 10.1.1994, executed by late Shri Nathu Ram, father of the respondent No. 1 and husband of the respondent no.2, respectively. The short facts giving rise to the present appeal are that late Shri Nathu Ram, father of the respondent Nos. 1 and husband of the respondent no. 2 had allegedly executed an agreement on 10.1.1994, to sell the suit land to the appellant -plaintiff for a consideration of Rs. 80,000/ -. As per the case of the appellant -plaintiff, the said Nathu Ram had also executed a receipt in favour of the plaintiff with regard to the amount of Rs. 80,000/ - and handed over peaceful possession of the land in question. According to the appellant, he was put in possession of the said land since then and was cultivating the same till the date of filing of the suit. The said suit was resisted by the respondents -defendants by filing their written statement denying the allegations made in the plaint and further contending interalia that the defendants belonged to the Schedule Caste and hence the land in question which was an agricultural land, could not be sold to the plaintiff, and that the suit was also barred by the law of limitation.

(2.) THE trial Court after framing the issues and recording the evidence adduced by the parties, decided all the issues against the plaintiff and dismissed the suit by the impugned judgment and decree. Being aggrieved by the same, the present appeal has been filed.

(3.) HOWEVER , the learned counsel for the respondents supporting the judgment passed by the trial court has submitted that there being no perversity or illegality in the impugned judgment and decree passed by the trial Court, the appeal deserves to be dismissed.