Devikishran & Ors. vs Kailash Chandra Agarwal & Anr.
2022 Latest Caselaw 1578 MP

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          The High Court Of Madhya Pradesh
                    FA No. 508 of 2005
               (DEVIKISHRAN & ORS. Vs KAILASH CHANDRA AGARWAL & ANR.)

Jabalpur, Dated : 03-02-2022
      Heard through Video Conferencing.

      Shri Ashish Shroti, counsel for the appellants.
      Shri Amit Mishra, counsel for the respondent No.1.

Shri C.L.Sethi, Panel Lawyer for the State.

Heard on I.A.No. 883/2022, an application filed by the respondent for taking action against the appellant under Section 52 of Transfer of Property

Act, 1882.

Learned counsel for the respondent submits that the respondent/plaintiff preferred a civil suit for specific performance of contract for executing the sale deed dated 15.12.2000 against the purchase of agricultural land bearing Khasra No. 21/1/1, P.H.No. 30, Mauza 106, situated at village Burhanpur, Municipal Ward No. 15, Tehsil Seoni Malwa, District Hoshangabad (MP). The trial Court, vide the impugned judgment and decree directed the appellant to execute the sale deed in favour of respondent No.1 with regard to the suit property admeasuring 1236 sq. ft as shown in Najri

Naksha. Copy of the sale deed and Najri Naksha are filed along with application. The four boundaries of the suit property as under :

North - remaining land of the seller South - remaining land of the seller East - Harda-Hoshangabad main road West - remaining land of the seller Against the impugned judgment, appellant preferred this first appeal.

This Court vide order dated 16.09.2005 directed the parties to maintain status-quo in respect of suit property as it exists, till the disposal of this appeal. This interim order was made absolute vide order 04.12.2013. Learned counsel for the respondent submits that during the pendency of the appeal, the apportioned land bearing Khasra No. 21/1 admeasuring 0.877

hectares was sold by the appellant to third party. Copy of sale deed has been annexed with application. Transfer of property during the lis pending is violation under Section 52 of the Transfer of Property Act.

Learned counsel for the appellant, on the other hand, submits that the suit property is still as it existed at the time of filing of the suit and the four boundaries of the suit property is different from the recently sold property.

Heard learned counsel for the parties.

Although, the rights of the respondent No.1 is protected under Section 52 of the Transfer of Properties Act, however, in the interest of justice and in view of the orders dated 16.09.2005 and 04.12.2013 by this Court in favour of respondent No.1, parties are directed not raise any construction over the suit property which was sold to the third party namely one Rahul Raghuvanshi till further orders.

As proposed and as agreed by the parties, office is directed to list this case for final hearing in the week commencing 07.03.2022 at the 'Top of the list'.

(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2022.02.03 17:10:52 +05'30'