SUNDER DEVI Vs. LAL CHAND & ANR.

JUDGEMENT

(1.) The present first appeal under Section 96 CPC has been filed by the defendant-appellant-Nathu Ram s/o Shri Bhajan Lal, one of the legal representatives of Smt.Sunder Devi w/o Late Shri Bhajan Lal, in whose favour decree for specific performance was passed by the learned court below on 07.08.2015 passed the learned trial court of the Additional District Judge No.2, Nohar, District Hanumangarh in Civil Original Suit No.54/2012 ( 232/08)(43/06) - Lalchand Vs. LRs S.B. CIVIL FIRST APPEAL NO.342/2015 LRs of Sunder Devi Vs. Lal Chand & Anr. Judgment, Monday dated 11.01.2016 of Sunder Devi. The following findings were recorded by the learned trial court in the order dated 07.08.2015 in favour of the plaintiff, while decreeing the suit:- ...[VERNACULAR TEXT OMITTED]... S.B. CIVIL FIRST APPEAL NO.342/2015 LRs of Sunder Devi Vs. Lal Chand & Anr. ...[VERNACULAR TEXT OMITTED]... S.B. CIVIL FIRST APPEAL NO.342/2015 LRs of Sunder Devi Vs. Lal Chand & Anr. Judgment, Monday dated 11.01.2016 ...[VERNACULAR TEXT OMITTED]... Chand & Anr. ...[VERNACULAR TEXT OMITTED]... Judgment, Monday dated 11.01.2016 = * S =! ...[VERNACULAR TEXT OMITTED]... S.B. CIVIL FIRST APPEAL NO.342/2015 LRs of Sunder Devi Vs. Lal Chand & Anr. ...[VERNACULAR TEXT OMITTED]... Judgment, Monday dated 11.01.2016 ! 21.06.2005 Sunder Devi Vs. Lal Chand & Anr. ...[VERNACULAR TEXT OMITTED]... ...[VERNACULAR TEXT OMITTED]...

(2.) Learned counsel for the plaintiff-respondent, Mr.Trilok Joshi submitted that all other legal representatives of S.B. CIVIL FIRST APPEAL NO.342/2015 LRs of Sunder Devi Vs. Lal Chand & Anr. Judgment, Monday dated 11.01.2016 Sunder Devi w/o Late Shri Bhajan Lal have agreed to the said agreement to transfer the suit property, an agricultural admeasuring 5 bighas situated Chak No.8 A.M. Stone No.189/14 in Kila No.1, 10, 11, 20 & 21, in question to the plaintiff, but only one legal representative of Sunder Devi w/o Late Shri Bhajan Lal, namely, Shri Nathu Ram is not agreeable for that purpose. The learned court below has discussed all the relevant evidence in details and has found that it is bound by the agreement entered into by Sunder Devi w/o Late Shri Bhajan Lal to transfer the said suit property in favour of the plaintiff.

(3.) This Court had also granted time on the last occasion on 07.12.2015 to the parties to explore the possibility of resolving the dispute amicably between the parties by payment of some reasonable compensation to legal representative of Sunder Devi w/o Late Shri Bhajan Lal, the present appellant-Nathu Ram s/o Shri Bhajan Lal.