Judgment

23/03/2017

1. Both the appeals arise out of the same judgment and decree dated 8.4.2011 passed by learned Addl. District & Sessions Judge, Fast Track, Anoopgarh, Headquarter Suratgarh, therefore, they are being decided by this common order.

2. Appeal No.233/2011 has been preferred by defendant appellant Mal Chand and appeal No.143/2011 has been preferred by defendant appellant Anil Kumar to assail the judgment and decree dated 8.4.2011 passed by learned Addl. District & Sessions Judge, Fast Track, Anoopgarh, Headquarter Suratgarh in Civil Original Suit No.27/08 (54/1995). Learned trial Court has decreed the suit for specific performance of contract to sell dated 20.4.1990 and declared that sale deed executed in respect of shop No.71 situated in Dhan Mandi, Suratgarh by defendant No.1 Shiv Kumar in favour of defendant No.2 Malchand and defendant No.3 Shambhu Dayal on 18.7.1998 and also the sale deed executed further by defendant No.3 Shambhu Dayal in favour of defendant No.4 Anil Kumar on 11.9.1998 shall be null and void as against plaintiff Smt. Poonam Bansal. It was further directed that defendant Shiv Kumar will execute sale deed in respect of said shop No.71 in favour of p