Umar Khan (Deceased) VS Sumer Khan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUDESH BANSAL
Umar Khan (Deceased) – Appellant
Versus
Sumer Khan – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. V.B. Srivastava with Mr. Adeet Srivastava, Advocate
For the Respondent:Mr. Jitendra Mishra, Advocate

JUDGMENT

By way of instant first appeal filed under Section 96 of the Code of Civil Procedure, a challenge has been made to judgment and decree dated 25.03.1983 passed in Civil Suit No.9/1982 titled Sumer Khan Vs Hakim Singh by the Court of Additional District Judge, Deeg, Bharatpur, whereby and whereunder a civil suit for specific performance filed by plaintiffs/respondents No.1 to 3 on the basis of an agreement to sale dated 20.08.1981 has been decreed in their favour and against defendant No.1/respondent No.4-Hakim Singh and simultaneously, by the same judgment, two registered sale deeds dated 29.04.1982, executed by defendant No.1-Hakim Singh in favour of appellants/defendants No.2 & 3 namely Umar khan and Amar Singh, have been declared as null and void qua plaintiffs.

2.1 The first appeal has been preferred by defendants No.2 & 3, original purchasers of agricultural lands in question bearing Khasra No.771 (3 bigha 7 biswa) and Khasra No.773 (1 bigha 3 biswa) total measuring 4 bigha 10 biswa, situated at Village Pathroli, Tehsil Kama, District Bharatpur from recorded Khatedar of land in question namely Hakim Singh, who was defendant No.1 before the trial Court and respondent No.