S.B. Civil Revision No. 150/2016. Case: Ramniwas and Ors. Vs Bhairav Gran Nirman Sahkari Samiti Ltd. and Ors.. Rajasthan High Court

Case NumberS.B. Civil Revision No. 150/2016
CounselFor Appellant: R.K. Gaur, Adv. and For Respondents: Sandeep Bhagwati and Surendra Singh, Advs.
JudgesJ.K. Ranka, J.
IssueCode of Civil Procedure, 1908 (CPC) - Order VII Rules 11, 11(d); Rajasthan Tenancy Act, 1955 - Sections 42, 42(b)
Judgement DateFebruary 03, 2017
CourtRajasthan High Court

Judgment:

J.K. Ranka, J.

  1. This instant revision petition is directed against order dt. 24.8.2016 passed by Additional District Judge No. 20, Jaipur Metropolitan, HQ at Chomu, in Civil Suit No. 28/2015 whereby the application u/O. 7 R.11 CPC filed by the defendant/petitioners has been dismissed.

  2. The brief facts noticed for disposal of the instant petition is that the plaintiff Bhairav Grah Nirman Sahkari Samiti filed a suit for specific performance of contract alleging that the defendant/petitioners along with their mother had agreed to sell their 1/3rd share in khasra No. 564 (1.26 hectare) situated in village Bainad, Daulatpura, @ Rs. 55,000/- per bigha and after receiving Rs. 50,000/- as advance money they executed an agreement to sell on 3.11.1991. It was averred that the balance sale consideration was to be paid by mid June 1993 and full payment was made to the defendant/petitioners and there mother Smt. Dakha Devi by the plaintiff society. Thereafter without disclosing this fact the defendant/petitioners and their mother sold 2/3rd share to Mitra Grah Nirman Sahakari Samiti @ Rs. 1 lakh per bigha and with a total consideration of Rs. 3,80,000/- and received full payment and also executed an agreement dt 5.1.1994. When Jagan Singh, President of Mitra Grah Nirman Sahkari Samiti came to take possession, at that time hot altercations took place in between the representative of the plaintiff and President, Mitra Grah Nirman Sahkari Samiti Ltd., however, since Mitra Grah Nirman Sahkari Samiti was not willing to develop the said land and on account of disputes they agreed to sell the entire land holding vide agreement dt. 30.5.1998 and the plaintiff paid the entire amount to Mitra Grah Nirman Sahkari Samiti and took possession. Thus, the plaintiff acquired/purchased entire khasra No. 564 admeasuring 1.26 hectare. Since the plaintiff purchased the entire share and having made full payment, repeated requests were made on behalf of the plaintiff to the defendant/petitioners to get the sale-deed registered but the defendant/petitioners were deferring the matter saying that the registration would be got done shortly and taking into consideration that the defendant/petitioners are delaying registration of the sale-deed, accordingly a suit for specific performance of contract was filed.

  3. An application under O.7 R.11 CPC was filed by the defendant/petitioners before the trial court bringing on record the fact that the suit was barred under...

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