Sukhdev Singh vs. Avtar Singh

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Misc. Appeal No. 1041/2021

Sukhdev Singh

----Appellant

Versus

Avtar Singh

----Respondent

For Appellant(s) : Mr. Hemant Jain For Respondent(s) : Mr. Bharat Shrimali, for caveator

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

24/11/2021

Heard.

Learned counsel appearing for the appellant submits that the sale deed in favour of the respondent was executed on 15.1.18 without any consideration and the plaintiff-appellant is in actual possession of the property and there was stay in favour of the appellant-plaintiff and the case is pending in regard to dispute of this agreement to sell executed for consideration of Rs.30 lacs. Learned counsel further submits that as per the agreement, Rs.27 lacs has already been paid at the time of agreement and only Rs.2 lacs has to be given at the time of sale deed. It is further submitted that the appellant-plaintiff was not in his consciousness before the registering authority and therefore, in above circumstances, the status quo in respect of the possession may be passed in favour of the appellant.

Per contra, learned counsel appearing for the respondentcaveator states that the defendants-respondents are in possession of the disputed property in pursuance of the registered sale deed dated 15.1.18 and as per para no.13 & 14 of the rejection order, the trial court has rightly rejected the application of the appellant.

Having regard to the facts and the circumstances of the case, issue show cause notice to the respondents.

Since, Mr. Bharat Shrimali, learned counsel appears and accepts the notice on behalf of the respondent no.1.

Learned counsel appearing for the appellant has already supplied the copy of memo of appeal to the learned counsel for the respondent no.1.

Issue notice to the respondent no.2 only. Issue notice of the stay application also. Rule is made returnable within a period of four weeks.

In the meantime, the respondents are directed not to alienate the property in question.

Put up after four weeks.

(DEVENDRA KACHHAWAHA),J

9-Vij/-