GYANENDER SINGH Vs. SUBHASH CHAND

JUDGEMENT

(1.) The present appeal arises out of judgement and order dated 27th September, 2016 by which the suit for specific performance and permanent injunction filed by the Appellant/Plaintiff (hereinafter Plaintiff ) was dismissed as being barred by limitation.

(2.) Late Shri Banwari Lal was the co-owner of land comprising in Khasra No.33/3/1 (1-16) in the Revenue Estate of Village Palam, New Delhi. Late Shri Banwari Lal had four sons namely Subhash Chand, Satbir Singh, Rajesh Kumar and Ganga Ram. Plaintiff is the son of Ganga Ram, who is now deceased and is thus represented by his heirs. The Respondents/Defendants (hereinafter Defendants ) are the other sons of Late Shri Banwari Lal. The Plaintiff is thus the nephew of the Defendants who are his uncles. There are disputes pending with the Gaon Sabha in respect of the land which forms the estate of Shri Banwari Lal.

(3.) However, the dispute in the present case relates only to 50 sq. yards forming part of Khasra No.33/3/1 the above mentioned land which was agreed to be sold by the Defendants to the Plaintiff, vide agreement to sell dated 16th February, 2009. The consideration agreed was Rs.3,50,000/- and Agreement to Sell, GPA, Will, possession letter, affidavit and receipt were executed. The Plaintiff claimed to be in possession of this part of the property since 16th February, 2009 and has raised the boundary wall.