- (1.) THIS appeal involves a long history of litigation. The starting point is an agreement dtd. 14/10/1964. One Radhey Shyam had three sons, namely, Arjun Kumar, Mahesh Kumar and Krishan Kumar. He and his three sons owned some land in Village Simla Gujran, Tehsil Panipat, District Karnal. In the revenue records, each one of them was separately shown as owner of his respective share of land. The agreement dtd. 14/10/1964 was between Radhey Shyam for self and on behalf of his three sons on the one hand and Ram Baksh, Hardwari and Antu who were the vendees, on the other. In the agreement, all the three sons of Radhey Shyam are mentioned as minors.
(2.) THE agreement records that Radhey Shyam along with his minor sons was the absolute proprietor of the land. The consideration was said to be Rs. 800.00 per acre for the sale of the entire land and a sum of Rs. 6,000.00 was paid as earnest money to Radhey Shyam. The agreement further records that rest of the amount was payable on registration of the sale deed. In the agreement, Radhey Shyam had undertaken that he would obtain necessary certificate from the District Judge, Karnal under S. 8 of the Hindu Minority and Guardianship Act, 1956 for purposes of selling the land on behalf of his minor sons. The purchasers were put in physical possession of the land at the time of the agreement along with all other rights pertaining to the land. It appears that Radhey Shyam did not obtain the requisite permission from the District Judge, Karnal for selling the land on behalf of his minor sons. Further, his minor sons on attaining majority did not honour the commitment made on their behalf by their father as per the agreement dtd. 14/10/1964. They, in fact, filed suits for possession against the vendees challenging the sale and seeking possession of their land. These suits were decreed and we are informed that the sons were able to get back possession of the land in pursuance of the decrees. In the present litigation we are not concerned with the lands belonging to the sons of Radhey Shyam.
(3.) ON 22/10/1973, Radhey Shyam filed a suit for possession with respect to the land of his share against the vendees in the agreement dtd. 14/10/1964. The said suit was compromised on 26/5/1973 and the vendees agreed to suffer a decree of possession with respect to the land which was the subject-matter of the suit. In pursuance of the compromise, the court passed a decree for possession in favour of Radhey Shyam on 1/6/1973. The learned counsel appearing for the respondents informs that proceedings for execution of the decree dtd. 1/6/1973 are still pending.;