Leave granted.
2. We have heard learned senior counsel for the
appellant and learned counsel for the respondents and
perused the material on record.
3. Briefly stated the facts of the case are that the
appellant has filed a complaint against the respondents
alleging that respondent No. 4 was the owner in
possession of 1/5th share in the agricultural land i.e.,
6 Kanals 6 Marlas of land bearing Khewat No. 902/860,
Khatoni No. 1058, M. No. 99, Killa No. ½ (5-10), 9/2/2
(2-4), 10 (5-14), 11 (3-16), 12/1 (4-4), 12/2 (3-16), M.
No. 157 Killa No. 8/1/1 (6-6) Kitta 7, measuring 31
Kanals 10 Marlas. Respondent No. 4 had entered into an
agreement to sell 5 Kanals of land from his share to one
RADHA SHARMA Suresh Kumar through a written agreement executed on
13.12.2010. An amount of Rs. 10 lakhs was given to
respondent No. 4 as earnest money.