Latur S/O Nanag Ram vs Ramkaran S/O Surajbhan
2022 Latest Caselaw 2825 Raj/2

       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.

(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.

(SUDESH BANSAL),J

SACHIN/66

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