Rakesh Kumar Son Of Shri Siyaram vs Santkumar S/O Shri Ramsingh
2022 Latest Caselaw 3151 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                    S.B. Civil First Appeal No. 313/2021

 Rakesh Kumar Son Of Shri Siyaram
                                                                         ----Appellant
                                          Versus
 Santkumar S/o Shri Ramsingh and Ors.
                                                                      ----Respondents

For Appellant(s) : Mr. Manoj Kumar Bhardwaj For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

19/04/2022

Appellant-plaintiff has filed this first appeal feeling aggrieved

by dismissal of his civil suit for specific performance, although, the

trial court has found the execution of agreement dated

11.06.2004 as proved and allowed to refund of the sale amount

with interest to plaintiff vide impugned judgment dated

30.07.2021 passed by Additional District Judge, Dholpur (Raj.) in

Civil Suit No.87/2011 (CIS No.1172/2015).

Learned counsel for appellant submits that defendants Nos.1

to 5 are co-khatedaars of lands in question and the plaintiff has an

agreement to sale in relation to the land in question for the shares

of defendant Nos.1 to 4 and at least to that extent their

agreement deserves to be specifically enforced and a decree for

specific performance ought to have been passed. However, the

defendant No.5 has sold the entire land in question to the

defendant Nos.6 to 10, which is illegal and unauthorized.

Heard learned counsel for the appellant.

Appeal is admitted.

                                                             (2 of 2)                                  [CFA-313/2021]



                                         Issue notice to the respondents.

                                         Call for the record.

In the meanwhile respondent Nos.6 to 10 are directed not to

further transfer the lands in question to the extent of the claim of

appellant for specific performance, therein.

(SUDESH BANSAL),J

SACHIN/11

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