Leeladhar S/O Ramkaran Ji vs Sukhdev S/O Narayan
2022 Latest Caselaw 6098 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil First Appeal No. 340/2021

 Leeladhar S/o Ramkaran Ji,
                                                                  ----Appellant
                                   Versus
 Sukhdev S/o Narayan
                                                                ----Respondent

Connected With S.B. Civil First Appeal No. 341/2021 Leeladhar S/o Ramkaran Ji,

----Appellant Versus Sukhdev S/o Narayan

----Respondent

For Appellant(s) : Mr. Braj Narain Sharma For Respondent(s) : Mr. Ashwani Kumar Chobisa with Mr. Virendra Kumar

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

08/09/2022

Heard.

Both appeals are admitted for hearing.

Issue notice to respondent.

Since respondent-plaintiff has appeared as caveator and

accept notices hence service is complete.

Record of court below in both appeals be also summoned.

Heard on stay applications.

The learned trial court, in the impugned judgment has

observed that the plaintiff has not been paid sale consideration

and the possession of the land in question is continuing with the

plaintiff.

(2 of 2) [CFA-340/2021]

As per the evidence of defendant-purchaser, the possession

of the land in question was not actually delivered though a recital

was mentioned in the sale deed. The trial court noticed that the

defendant himself admits in his evidence that at the time of sale,

the wheat crop sowed by plaintiff was standing on the land in

question which was later on harvested by plaintiff. However, since

two registered sale deeds have been executed in favour of

appellant, which have been cancelled by the impugned order,

therefore, this Court deems it just and proper that parties shall

maintain status quo as to alienation and possession of the suit

property as it exists today during the course of first appeal.

With aforesaid observations, stay applications in both

appeals accordingly disposed of.

(SUDESH BANSAL),J

SAURABH/6-7

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