2009 (5) TMI 1016 - HC - Indian Laws

Court Upholds Decision Dismissing Appeal on Possession Decrees

Joginder Kaur and Ors. Versus Amrik Singh

The Court upheld the lower courts' decisions, dismissing the defendant's appeal challenging possession decrees. It was found that no evidence supported ... - Issues involved: Defendant's second appeal challenging judgment and decrees for possession by way of specific performance of agreement to sell. Details of the judgment: The bone of contention was land measuring 34 kanals at village Bare Ke, Tehsil and Distt. Ferozepur. Narain Singh, the previous owner, allegedly entered into an agreement to sell the land to the plaintiff-respondent. The sale deed was to be executed by a certain date, but it was not done, leading to the present suit. Narain Singh's legal heirs, the defendants, denied the agreement and claimed dealings with a Commission agent. The trial Court decreed in favor of the plaintiff-respondent. The Lower Appellate Court dismissed the appeal, stating no actual delivery of possession was proven. The defendants challenged the judgments and decrees of the lower courts, arguing that the agreement required registration due to possession being delivered to the plaintiff-respondent. The plaintiff-respondent argued against registration based on a judgment from the Andhra Pradesh High Court. The Court found the defendants' argument misconceived as no evidence was presented to support their claim of possession being delivered. The Lower Appellate Court's findings were upheld, stating possession was not proven to have been delivered, hence the agreement did not require registration. The Court cited previous cases to support this conclusion and dismissed the appeal, stating the substantial question of law raised by the defendants did not apply in this case.