P. C. Jain, J. - (1.) The petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India praying for a writ, direction or order in the nature of certiorari, mandamus or prohibition or any other appropriate form for quashing the judgments Ex. 4, Ex. 5 and Ex. 6.
(2.) It may be stated that the petitioner Buta Singh died on 12-3-1995 and his legal representatives were ordered to be brought on record. The brief facts relevant for the disposal of this writ petition may be recalled as follows. The petitioner was a citizen of India being resident of Surawali, Tehsil Suratgarh, District Sri Ganganagar. At the relevant time the petitioner was having agricultural land as follows:- JUDGEMENT_50_LAWS(RAJ)10_19971.html
(3.) Out of the above land the petitioner transferred 20 bighas and 10 biswas land to Smt. Kartarkaur and 60 bighas of land to Shri Hakim Singh. Since the non-petitioners Nos. 2 and 3 recognised the transfer made by the petitioner in favour of Smt. Kartarkaur, no dispute regarding this transfer has been raised in this writ petition. Regarding the transfer made in favour of Shri Hakim Singh, the petitioner has averred that he executed an agreement for sale of 60 bighas of land on 25-3-1969 in favour of Shri Hakim Singh for a valuable consideration of Rs. 36,000/-. Out of the above consideration, Rs. 20,000/-were paid to the petitioner at the time of execution of the agreement. The petitioner after receipt of the above part of the consideration transferred the actual possession of the land sold to Shri Hakim Singh simultaneously. Hakim Singh has been cultivating the above land. The copy of the agreement dated 25-3-1969 has been filed and marked Annex. 1. After execution of the above agreement, the transferee Shri Hakim Singh paid Rs. 7,000/- on 30-6-1970 and Rs. 5,000/- on 30-12-1970. Thus in all a payment of Rs. 32,000/- was made to the petitioner. The transferee namely, Shri Hakim Singh did not pay the remaining amount of Rs. 4,000/-. The petitioner did not execute the sale-deed. Thereupon Shri Hakim Singh filed a civil Suit No. 76/71 before the learned Addl. Dist. Judge, Sri Ganganagar for specific performance of the above contract and the above suit was decreed on 16-ID-1971 in favour of Shri Hakim Singh and against the petitioner. The copy of the judgment has been marked Annex. 2. In compliance of the above decree for specific performance, the petitioner executed a sale-deed on 10-10-1972 in respect of the above 60 bighas of land in favour of Shri Hakim Singh.;