HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 397/2021
Latur S/o Nanag Ram,
----Appellant
Versus
Ramkaran S/o Surajbhan,
----Respondent
For Appellant(s) : Mr. Vimal Chand Chaudhary For Respondent(s) : Mr. Gaurav Gupta HON'BLE MR. JUSTICE SUDESH BANSAL Order 04/04/2022 Appellant-defendants (hereinafter "defendants") have filed this first appeal, assailing the judgment and decree dated 08.09.2021 passed by Additional District Judge No.2, Behror, District Alwar in suit No.62/2007 (26/2006) whereby suit for specific performance of agreement to sale deed dated 24.12.2005 and for declaration of sale deed dated 10.07.2006 made in favour of appellant No.2, as null and void, has been decreed.
Counsel for defendants submits that plaintiff has filed a civil suit for specific performance placing reliance on an agreement dated 24.12.2005 with defendant No.1. Counsel for defendants submits that since defendant No.1 was Khatedar of the land in question who has validly transferred Khatedari rights and possession to defendant No.2 through registered sale deed and defendant No.2 is bonafide purchaser but the trial Court has wrongly declared his sale deed as null and void while decreeing civil suit for specific performance.
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(2 of 2) [CFA-397/2021] Counsel for plaintiff submits that defendant No.1 has handed over the possession of agricultural land to plaintiff and the trial Court has passed decree for permanent injunction assuming possession of plaintiff.
Heard counsel for both parties.
Admit.
Since counsel has put in appearance on behalf of respondent-plaintiff, notices need not issued.
Record has already been summoned.
Having considered facts and circumstances of this case, since defendant No.2 is having registered sale deed of the land in question in his favour, the operation of impugned judgment and decree dated 08.09.2021 shall remained stayed with further direction that both parties shall maintain status quo as to alienation and possession in relation to property in question as it exists today.
Accordingly, stay application stands disposed of.
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