UMAR KHAN Vs. SUMER KHAN

JUDGEMENT

(1.) By way of instant first appeal filed under Sec. 96 of the Code of Civil Procedure, a challenge has been made to judgment and decree dtd. 25/3/1983 passed in Civil Suit No.9/1982 titled Sumer Khan Vs Hakim Singh by the Court of Additional District Judge, Deeg, Bharatpur, whereby and whereunder a civil suit for specific performance filed by plaintiffs/respondents No.1 to 3 on the basis of an agreement to sale dtd. 20/8/1981 has been decreed in their favour and against defendant No.1/respondent No.4-Hakim Singh and simultaneously, by the same judgment, two registered sale deeds dtd. 29/4/1982, executed by defendant No.1-Hakim Singh in favour of appellants/defendants No.2 & 3 namely Umar khan and Amar Singh, have been declared as null and void qua plaintiffs.

(2.) The first appeal has been preferred by defendants No.2 and 3, original purchasers of agricultural lands in question bearing Khasra No.771 (3 bigha 7 biswa) and Khasra No.773 (1 bigha 3 biswa) total measuring 4 bigha 10 biswa, situated at Village Pathroli, Tehsil Kama, District Bharatpur from recorded Khatedar of land in question namely Hakim Singh, who was defendant No.1 before the trial Court and respondent No.4 here in the present appeal. Both defendants No.2 & 3 were real brothers and land of Khasra No.771 (3 bigha 7 biswa) was purchased in the name of defendant No.2-Umar Khan against sale consideration of Rs.15,000.00 through registered sale deed dtd. 29/4/1982 and land of Khasra No.773 (1 bigha 3 biswa) was purchased in the name of defendant No.3-Amar Singh against sale consideration of Rs.5,000.00 through registered sale deed dtd. 29/4/1982. As per sale deeds, Khatedari rights and possession of agricultural lands in question were transferred by defendant No.1 to defendants No.2 &

(3.) and execution of both registered sale deeds in favour of defendants No. 2 & 3, is not in dispute.