predecessor-in interest in suit property and same was casting a serious clouds on the rights of plaintiff over suit property. So, Plaintiff has filed the present suit for getting execution of registered sale deed in his favour on the basis of unregistered sale deed, against only the defendant Anant Ram as Ram prakash i.e. the other executor of unregistered sale deed dated 09/03/1994, has already executed a regd. Sale deed dated 8/09/2009 in favour of the plaintiff on the basis of unregistered sale deed dated 09/03/1994 and mutation on the basis of said sale deed was also sanctioned in favour of the plaintiff on the basis of same. In other words, plaintiff wants to get execution of only registered sale deed in his favour from the defendant by filing the present suit on the basis of unregistered sale deed dated 09/03/1994 for giving effect to the letter and spirit of unregistered sale deed dated 09/03/1994. But plaintiff's previous counsel had also claimed the alternative relief of recovery in the present case due to best reason known to him despite of the fact that plaintiff has given specific instruction to his previous counsel that plaintiff only wants registered sale deed from the defendant by filing the suit for specific performance on the basis of unregistered sale deed as plaintiff has already constructed a house over the property in suit by incurring his hard earned money on the same. Not only this, plaintiff's previous counsel has also suffered statement in the court without any instruction from the plaintiff that he restricts his claim to the alternative relief of recovery which amounts to dereliction of legal duty on his part. Now plaintiff changed his previous counsel and came to know about the true state of affairs. It is further added here that Plaintiff is not conversant with English language and he did not take any action against his previous counsel keeping in view his future carrier ahead. So, keeping in view all the facts mentioned supra, a decree for execution of regd. Sale deed be passed in favour of plaintiff otherwise he will suffer much in terms of money and otherwise and it will also result into undue enrichment of the defendant.
