1. This First Appeal under Section 96 of the Code of
Civil Procedure, 1908 (for short the “Code”), has been
preferred by original defendant No.2 – appellant, challenging
the judgment and decree dated 11.12.2006 passed by the
learned Principal Senior Civil Judge, Dahod, in Special Civil
Suit No.8 of 2005, whereby the suit was partly decreed.
1.1 By the impugned judgment and decree, the sale
deed dated 22.03.2004 executed by defendant No.1 in favour
of defendant No.2 and registered before the Sub-Registrar at
Serial No.491 was declared illegal and was accordingly set
aside. Defendant No.1 was further directed to execute the
sale deed in favour of the plaintiff in respect of the suit
property upon receipt of the sale consideration from the
plaintiff. Defendant No.1 was also directed to refund the
amount of Rs.3,01,000/-, received from defendant No.2
NEUTRAL CITATION
C/FA/91/2007 JUDGMENT DATED: 22/07/2026
undefined
towards the sale consideration, together with interest.
Defendant No.2 was directed to remove the construction
raised on the suit property within 30 days and hand over
vacant and peaceful possession thereof to defendant No.1.
