PAL SINGH Vs. DHARSHAN SINGH

JUDGEMENT

(1.) This appeal has directed against the judgment and decree dated 29.8.2003 which had endorsed the finding of the trial judge whereby the suit of the Plaintiff Darshan Singh seeking declaration qua his share in the suit property measuring 21 bighas 11 biswas in Bagh Wala Rakba was decreed in his favour.

(2.) The Plaintiff Darshan Singh and Jagdish Singh were cousins; they had jointly applied for allotment of evacuee land in Delhi in lieu of the land which had been held by them in West Pakistan. After the death of Jagdish Singh the Defendant was substituted in his place. On their joint application two lots of land were jointly allotted to the parties i.e. 49 bighas 13 biswas falling in village Haibatpur and 21 bighas 11 biswas in Bagh Wala Rakba. Parties entered into a mutual agreement dated 14.4.1970; in terms of this agreement the land comprised in village Haibatpur i.e. 49 bighas 13 biswas came to the exclusive possession of the Defendant and the land measuring 21 bighas 11 biswas in Bagh Wala Rakba fell to the share of the Plaintiff. This mode of partition was forwarded to the Managing Officer of the Revenue Department. This request was declined. Defendant thereafter sold his 49 Bighas 13 biswas of land and received the entire sale consideration. Plaintiff requested the Defendant for execution of necessary documents in order that the 21 bighas 11 biswas land falling to his share be mutated in his name but the Defendant declined his request.

(3.) The Defendant in his written statement admitted the agreement but his submission was that this agreement was never acted upon. Contention was that the parties were dealing with the land jointly and the sale proceeded of 49 bighas 13 biswas of land which had been sold was divided equally by both the Plaintiff and the Defendant. It was contended that the parties continued to own the land jointly. Suit was liable to be dismissed.