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2021 Supreme(Raj) 1115

ARUN BHANSALI
Gordhan – Appellant
Versus
Prasanna Chand Burad – Respondent


Advocates Appeared:
For the Appellants :Mr. R.K. Thanvi, Sr. Advocate assisted by Mr. Narendra Thanvi.
For the Respondents: Mr. Rajat Dave.

JUDGMENT :

ARUN BHANSALI, J.

These applications for leave to appeal have been filed by the applicants - purchasers aggrieved against the judgments & decrees dated 10/4/2014, amended on 6/3/2017, passed by the Addl. District Judge, Sojat.

2. The suit for specific performance was filed by the respondent Prasanna Chand in relation to agricultural land situated at village Basni Jodhraj, Patwar Area - Kharia Soda, Tehsil, Sojat in relation to agreement to sell dated 24/8/1995 on 29/1/2011 against the defendants - Abdul Raseed and Ayub Bhai. The suit was resisted by the defendants.

3. The trial court framed seven issues and after evidence was led by the plaintiffs and the defendants did not lead any evidence, decreed the suit on 10/4/2014. Whereafter, the decree was amended on 6/3/2017.

4. In the applications filed by the applicants, it is indicated that the land in question has been purchased by the applicants from the defendants by registered sale deeds dated 5/10/2011, the applicants are bonafide purchasers and were not aware about the filing/pendency of civil suit and it is only when the Patwari informed them in the beginning of June, 2018 that the plaintiff had approached him for making

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