Rajesh Kumar VS Kulbhushan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAKESH KAINTHLA
Rajesh Kumar – Appellant
Versus
Kulbhushan – Respondent

Counsel for the Parties:
For the Appellants:Ms. Sunita Sood and Ms. Suchitra Sen, Advocates in both the appeals
For the Respondents:Mr. Sandeep Sharma, Advocate, for respondents No. 1 to 4 in both appeals
For the Respondents:None for Respondent No.5

JUDGMENT

Rakesh Kainthla, J.—The present appeals are directed against the judgment and decree dated 27.07.2021, passed by learned District Judge, Mandi, District Mandi, H.P., vide which the appeal filed by the appellants (defendant before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeals are that the plaintiffs filed a Civil Suit seeking specific performance of the contract dated 31.10.2007 and a permanent prohibitory injunction restraining the defendants from interfering in the possession of the plaintiffs. A declaration that a settlement deed executed by defendant no.1 in favour of defendant no.2, was wrong, illegal, null and void was also prayed.

3. It was asserted that defendant no. 1 is the owner of the land bearing Khsara No. 1306. He agreed to sell the land bearing Khasra No.1306/1, measuring 160-12 Sq. meters, situated in Mauza Tarna, Tehsil Sadar District Mandi, (hereinafter to be referred as the suit land) to Panna Lal, predecessor-in-interest of the plaintiffs. Panna Lal paid a sum of Rs.3,