ABHIMANYU Vs. KANHAIYA

JUDGEMENT

(1.) This second appeal preferred by the appellant/defendant was admitted for hearing on the following substantial question of law :-­ "Whether the lower appellate Court was justified in recording a finding that the agreement Ex. P-­1 and P-­2 were executed by the appellant/defendant No. 1 - Abhimanyu in the year-­1992 and 1995 respectively and on that basis reversing the judgment and decree passed by the trial Court ?"

(2.) Plaintiff Kanhaiya and defendant Abhimanyu, both are brothers. Plaintiff filed a suit for declaration of title and permanent injunction upon the suit land shown in Schedule 'B' appended with the plaint stating inter alia that the said suit land is exclusively held by him as it was given to him in partition during the lifetime of their father Santram and defendant has also executed a consent letter dated 05/07/1995 (Ex. P/1) and an agreement dated 22/05/1992 (Ex. P/2) in his favour acknowledging plaintiff's title over the suit land, yet he claimed partition of the suit land before the revenue authorities which necessitated the filing of the suit by the plaintiff wherein defendant took the plea of denial and pleaded that Ex. P/1 and P/2 are inadmissible in evidence for want of registration, therefore, plaintiff's suit deserves to be dismissed.

(3.) Learned trial Court vide its judgment and decree dated 10/12/2004 dismissed the suit, but on appeal being preferred by the plaintiff, learned first appellate Court vide its judgment and decree dated 04/01/2005 reversed the judgment and decree of the trial Court and declared the title of plaintiff over the suit land shown in Schedule 'B' of the plaint and with respect to the land bearing Khasra No. 365 area 0.50 acre which fell in the share of plaintiff's as well as defendant's father Santram during partition, the first appellate court granted - 1/2 share i.e. 0.25 acre in favour of each one of them.