HEMRAJ SINGH Vs. NANDLAL

JUDGEMENT

(1.) The Civil Original Suit No. 73/1997 Hemraj Singh Vs. Nandlal & Ors., filed by the appellant for specific performance of contract, restraining the respondents from dispossessing him and for mutation of the land in dispute in his name, came to be dismissed vide judgment and decree dated 28.02.2005 passed by learned Addl. District Judge No.2, Bikaner, aggrieved of which plaintiff has approached this Court by filing the present first appeal under Sec. 96, CPC.

(2.) In the suit of the appellant, it was inter-alia averred that respondent-defendant No.1 agreed to sell certain lands to him by an agreement to sale on 26.02.1991 entered into between the parties for Rs.2 lacs and on the very same day immediately after receiving a sum of Rs.1,90,000/-, he was put in possession pursuant to the said agreement and thereafter he made huge investment for its improvement and cultivated the land for years but despite request being made many a times to respondent No.1 to execute sale deed and get it registered he did not care about that and in May 1997 refused to execute the sale deed and get the registry of the land done in his favour rather sold the land to respondent No.2 & 3. The appellant in the suit prayed for getting the land registered in his name and, in the alternative, for a decree for Rs. 1,90,000/- with interest @24%.

(3.) Defendant No.1, in his written statement denied existence of any such agreement and refused to have received Rs.1,90,000/- or handing over possession of land to the appellant. Defendant No.2 & 3 filed joint statement wherein they have supported the stand taken by defendant No.1 and stated that they have purchased the land in dispute from defendant No.1 by a registered sale deed and they are entitled to retain possession. They prayed that the suit was liable to be rejected.