MUNNABAI Vs. ABDUL AZIZ

JUDGEMENT

(1.) This civil second appeal is preferred against the judgment and decree dtd. 3/5/2019 passed by the learned Additional District Judge Malpura District Tonk (for brevity, "the learned Appellate Court") in CRA No.3/2013 whereby, while dismissing the appeal, the judgment and decree dtd. 31/10/2012 passed by the learned Civil Judge (Junior Division) Todaraisingh, District Tonk (for brevity, "the learned trial Court") in Civil Suit No.2/2005 dismissing the suit filed by the appellant/plaintiff (for brevity, "plaintiff") for specific performance of the agreement and declaration, has been affirmed.

(2.) The relevant facts in brief are that the plaintiff filed a suit against the respondents/defendants (for brevity, "defendants") stating therein that Late Jamal Khan, the predecessor-in-interest of the defendants, have executed an agreement to sell dtd. 11/9/1987 in her favour of his agricultural land comprising of Khasra No.4505 measuring 0.19 hectare and Khasra No.4506 measuring 0.54 hectare Ward No.16, Village Todaraisingh, District Tonk and its possession was also handed over to her. It was averred that despite her repeated request, Late Shri Jamal Khan did not execute the sale deed of the subject land in her favour and after his death, the defendants No. 1 to 5, who are bound by the terms of the agreement dtd. 11/9/1987, instead of executing the sale deed, are trying to interfere in her use and occupation of the subject land. Thus a decree of declaration and specific performance of the agreement was prayed for.

(3.) The defendants in their written statement denied execution of any agreement to sell dtd. 11/9/1987 by Late Shri Jamal Khan in plaintiff's favour. It was stated that the subject land was not under exclusive Khatedari of Late Jamal Khan and he had no right to transfer it at the relevant time. It was further submitted that the subject land was under their exclusive possession. It was, therefore, prayed that the suit be dismissed.