MUNNALAL BHAIRU SINGH Vs. ATMARAM NANDRAM

JUDGEMENT

(1.) THE unsuccessful defendants feeling aggrieved by judgment and decree passed by two Courts below have filed this second appeal.

(2.) THE facts leading to this second appeal lie in a narrow compass. The original plaintiff is Atmaram who died during the pendency of this second appeal and his legal representatives are respondents No. 1 to 4. Munnalal is the original defendant but by amending the plaint other defendants No. 2 to 7 were made party to the suit.

(3.) THE suit of plaintiff is that on 15-5-1960 defendant Munnalal sold the suit property which is agricultural land and the description whereof has been mentioned in the plaint, to plaintiff for a consideration of Rs. 2000/- which was paid to defendant who also delivered possession to the plaintiff. The sale deed ex. P/1 which was executed, is on stamp paper of Rs. 20/ -. After having delivered possession to the plaintiff, he (plaintiff) was enjoying the suit property as owner and was taking the crops from the suit land and was also paying the land revenue. All of a sudden on 4-10-1966, defendant No. 1 Munnalal illegally took possession of the suit property from plaintiff and hence the present suit has been filed by plaintiff for specific performance of contract praying therein that the document Ex. P/1 be got registered and the possession be delivered to him. Apart from this, he also prayed for mesne profit.