DEVA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present special appeal has been filed against the order dtd. 12/10/2022 passed by the learned Single Judge only to the extent an application preferred by respondent No.11-Shiv Prakash Soni with a prayer for direction to get the sale deed registered in his favour and for permission to raise construction has been allowed. Before proceeding further the brief facts of the case are summarised as under :

(2.) One suit for specific performance of the contract was filed by one Shiv Prakash Soni (respondent No.11 in the present appeal) with an averment that Triloka Ram, one of the coparcener had entered into an 'agreement to sell' in his favour for 9 bighas of land out of his share. When the sale deed was not got registered by Triloka Ram, he preferred a suit for specific performance of the contract. During pendency of the said suit, Triloka Ram expired and the legal representatives of Triloka Ram ultimately entered into a compromise with the applicant-Shiv Prakash Soni. Vide the compromise, the legal representatives of Triloka Ram consented to get the sale deed for 5 bighas and 10 biswa of land registered in favour of the applicant. In terms of the compromise entered into between the parties, the suit for specific performance of the contract was decreed vide judgment and decree dtd. 16/4/2015.

(3.) When, in spite of the suit being decreed in his favour, the sale deed was not registered by the legal representatives of Triloka Ram, an application before the writ Court in the present proceedings was preferred by Shiv Prakash Soni with a submission that because of the interim order operating in the present writ petition, the sale deed is denied to be got registered in his favour and therefore, appropriate orders be passed for registration of the sale deed in his favour and for permission to raise construction on the said land.