SUNIL KUMAR Vs. SAMBHU SINGH

JUDGEMENT

(1.) By way of the present writ petition under Article 226/227 of the Constitution of India, the petitioner has challenged the order dated 22.09.2012, passed by the Civil Judge, Junior Division and Judicial Magistrate No. 1, Bhilwara as affirmed vide order dated 06.02.2017 of the Additional District Judge No. 2, Bhilwara.

(2.) The facts in brief leading to filing of the present petition invoking extra ordinary jurisdiction of this Court are, that the plaintiff, petitioner herein had filed a suit for Permanent Injunction, seeking protection of his possession qua the subject property. The petitioner's case is that the defendant had orally agreed to sell a house admeasuring 20x40 feet for a sum of Rs. 6,50,000/- to the plaintiff and in furtherance thereof, he had accepted a sum of Rs. 1,00,000/- paid vide cheque No. 1249516. It was the specific case of the plaintiff that possession of the contentious house had been handed over to him in pursuance of the oral agreement. According to the fact stated by the plaintiff in his plant, on 18.01.2010, when plaintiff had gone out of station, defendant forcibly took possession of the subject property.

(3.) The defendant filed written statement in repose to the suit filed by the plaintiff and took a stand that though a sum of Rs. 1,00,000/- was accepted by him as an advance against the proposed sale, however said amount had been returned by him. It was further stated by defendant that since the subject property was joint family property, the consent of defendant's sister was necessary, it was agreed by the parties that the plaintiff would take consent of the sisters of the defendant and thereafter the agreement would be executed. According to the defendant, since the plaintiff could not convince his sisters whose rights were also involved in the property in question, their wish could not fructify and result into any agreement to sell.