SUBHASH CHANDRA Vs. MANJULA

JUDGEMENT

(1.) This appeal is filed by the plaintiff challenging judgment and decree dated 23-12-1985 passed by 5th Addl. District Judge, Indore in Civil appeal No. 251/84 which was preferred by the appellant plaintiff challenging judgment and decree dated 14-3-1984 passed by 7th Civil Judge Class I, Indore in civil suit No. 124-A/81.

(2.) Brief facts of the case are that the appellant plaintiff has filed the present suit for possession and damages against the respondent alleging that the plaintiff is owner of agricultural land situated at village Chibwana having an area of 22 acres and 68 decimal. He has entered into an agreement to sale the said land with the respondents for Rs.40,000/- vide agreement Ex. P/1 dated 7-6-1976. Out of the said amount, an amount of Rs.21,000/- was paid at the time of agreement and it was agreed that the balance amount of Rs. 19,000/- shall be paid at the time of execution of registered document. The possession of the land was also handed over to the defendants. As per the plaintiff it was agreed that registered sale deed shall be executed only after vacation of stay order passed by 6th Civil Judge Class II. Indore in civil suit No. 277-A/72 in which an injunction was passed against the plaintiff from restraining him from transferring the property. As per the plaint allegations the injunction was vacated on 27-9-1976 and this fact was informed to the defendants but the defendants did not take any steps for execution of the sale deed. Plaintiff served a registered notice dated 8-11-1978 to the defendants cancelling the agreement and demanding possession. As the said notice was not complied with, the present suit was filed.

(3.) Case of the defendants is that the property is recorded in the name of Kunwarbai, mother of the plaintiff and so long as property is not mutated in the name of the plaintiff, the plaintiff has no right to transfer the property or to execute the sale deed.