received on -26/08/2008 registered on 30/08/2008 decided on – 14 ...

8
R E A S O N S
6 The facts which are not disputed or otherwise established
by the parties, can be narrated as follows-
Defendant no.l Kedarnath was owner in possession over
the land Gat no. 154, admeasuring 1 Hec 22 R, more particularly
described in plaint para no.l, situated at Partur. He had executed
registered sale deed no. 1260/2008, of the eastern side half portion
out of Gat no. 154, in favour of the plaintiff, for the consideratio0n
of Rs. 1,62,000/- and put him into the possession. It is also not
undisputed that on the basis of above sale deed, plaintiff is in
possession of eastern side half portion. Thereafter, on 06/08/2008,
defendant no.l executed sale deed of the suit land in favour of the
defendants no. 2 and 3, for the valuable consideration of Rs.
6,08,000/-. At present plaintiff is in possession over the eastern side
half portion. Defendant no.l now has no concern whatsoever with
the suit land.
7 Plaintiff claims that in fact he has agreed to purchase the
entire l Hec. 22 R land for the consideration of Rs. 3,00,000/-.
Defendant no. l accepted an earnest amount of Rs. 1,00,000/- and
executed an agreement to sale on 10/04/2007 and put him into the
possession over the entire l Hec. 22 R land. He further claims that
defendant no.l approached him and demanded amount, out of
balance consideration and became ready to execute the registered
sale deed of eastern side half portion. He has paid Rs. 62,000/- to
the defendant no.l and got executed sale deed of eastern side half
portion. Defendant no.l agreed to execute the registered sale deed of