CHHOTI DEVI Vs. DHANNA

JUDGEMENT

(1.) The plaintiff-appellant-brought Civil Original Suit No.02/2009 for a decree of injunction against the respondents.

(2.) The suit was on the ground that the plaintiff had entered into an agreement to purchase the suit property from defendant No.1- Dhanna vide agreement dtd. 24/2/1990. Part consideration money of Rs.15,000.00 was paid to the vendor and the vendor transferred the possession to the plaintiff-appellant. The learned trial Judge decreed the suit vide judgment and decree dtd. 11/7/2022. The Decree was challenged in Civil Appeal No.33/2022 before the learned District Judge, Bhilwara which was allowed by judgment and decree dtd. 28/2/2024 and the judgment of the learned trial Judge was set aside.

(3.) While reversing the findings of the trial Judge, the appellate Court noticed that the plaintiff-appellant had not produced any evidence of title. The law is well settled that an agreement to sale does not create any title to the property under transfer. Moreover, such right is a weak right as alternative remedy is also there provided under the law.