ARUN BHANSALI
Gordhan – Appellant
Versus
Prasanna Chand Burad – Respondent
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 ma
Padmja vs. Erattil Sanjeev and Ors. : (2005) 3 KLJ 670. (Para 15) – Referred.
Guruswamy Nadar vs. P. Lakshmi Ammal and Ors. : (2008) 5 SCC 796. (Para 19) – Relied.
Raj Kumar vs. Sardari Lal and Ors. : (2004) 2 SCC 601. (Para 21) – Relied.
Saila Bala Dassi vs. Nirmala Sundari Dassi : AIR 1958 SC 394. (Para 21) – Relied.
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