KAMAL CHAND Vs. GANGA RAM AND ORS.

JUDGEMENT

(1.) The present first appeal has been filed by the defendants, the legal representatives of late Sh. Kamal Chand, against the respondents/plaintiffs, Ganga Ram and Jagdish, both sons of Sh. Hazari Mal. The suit property is an agricultural land of 2000 square Yards situated at Nagaur, for which a suit for specific performance by the respondents/plaintiffs came to be decreed by the learned Addl. District Judge, Nagaur (for brevity, hereinafter referred to as 'trial court'), namely, Suit No. 1/1974 - Gangaram & Anr. Vs. LR's of Kamalchand & Anr., on 18.09.1987 on the basis of an alleged oral agreement between the parties, way -back in the year Oct, 1967, to transfer the land in question ad -measuring 2000 square yard @ Rs. 8/ - per Yard (Gaj.). The findings of the learned trial court in favour of respondents/plaintiffs are quoted herein below for ready reference: - -

(2.) Aggrieved by the same, the appellants/defendants have filed the present first appeal under Sec. 96 of the CPC, 1908, in this Court on 30.11.1987.

(3.) Mr. D.R. Bhandari, learned counsel for the appellants/defendants submitted that there was no agreement between the parties to transfer the said agricultural land and the existence of the said agreement was denied by the defendants throughout. He submitted that in the earlier suit filed by the present appellant, Kamal Chand, seeking possession of the property from the respondents, Gangaram and Jagdish, the said suit being Suit No. 5/173 was decreed by the learned trial court on 05.02.1980 and inter -alia while deciding the Issue No. 7 in that case, the learned trial court had clearly found that there was no such agreement oral or in writing seeking to transfer the said land of the appellant, Kamal Chand, to the respondents, Gangaram and Jagdish; and that those findings have been upheld up to Division Bench of this Court and the execution proceedings of that decree of possession are still pending in the competent court.