LAWS(P&H)-1987-5-147

BHOLA SINGH Vs. RATIA

Decided On May 25, 1987
BHOLA SINGH Appellant
V/S
Ratia Respondents

JUDGEMENT

(1.) This is defendant's second appeal against whom suit for possession was dismissed by the trial Court but was decreed in appeal.

(2.) The plaintiff filed the suit for possession on 12.11.1975 for the and agricultural land measuring 16 Kanals claiming himself to be its owner and alleging that the defendant had dispossessed him forcibly. The suit was contested on the plea that the plaintiff had sold the suit land to him for Rs. 10,000/- and the entire sale consideration was received by him vide agreement of sale dated 11.6.1973 exhibit D1, duly executed by him. It was pleaded that the sale deed could not be executed and got registered as the land was under mortgage with the Land Mortgage Bank, Karnal, and under the agreement, the plaintiff undertook to get the sale deed executed and registered on or before 30.6.1976 after getting the land redeemed from the mortgagee. It was, therefore, pleaded that the defendant for all intents and purposes became owner of the suit land and the plaintiff was left with no interest therein. The possession of the land was handed over by the plaintiff to the defendant in pursuance of the agreement of sale, and, therefore, the possession could not be said to be unauthorized.

(3.) The trial Court found that the defendant had proved beyond any shadow of doubt that the plaintiff executed the agreement of sale dated 11.6.1973 in favour of the defendant and possession of the suit land was given to him under the said transaction. It was further held that the defence under Section 53-A of the Transaction of Property Act, was available to the defendant and the plaintiff was precluded from asserting his rights to possess the suit land. In view of this finding, the plaintiff's suit was dismissed.