RAJESH SINGH NEGI Vs. R C NIRULA

JUDGEMENT

(1.) A suit for declaration, prohibitory and mandatory injection was filed by the plaintiff/appellant in the Court of Civil Judge, Senior Division, Nainital. The same was dismissed vide impugned judgment and order dated 20.05.2011. Aggrieved against the same, present First Appeal was preferred by the plaintiff -appellant. The plaintiff relied upon agreement to sell dated 18.06.2009 (annexure -3) executed by the defendant (respondent herein) in his favour. The plaintiff also relied upon a receipt of the selfsame date, whereby the defendant received a sum of Rs. 10 lacs from the plaintiff in respect of the property in question. Reliance was also placed upon disclaimer deed of the self same date, executed by the defendant in favour of the plaintiff in respect of the disputed property. The most -important piece of paper is possession letter dated 18.06.2009 signed by the defendant in favour of the plaintiff. It will be worthwhile to reproduce herein the contents of the said possession letter:

(2.) DEFENDANT (respondent herein) admitted all the plaint averments in his written statement. It will be appropriate to reproduce paras 1, 2, 3, 4, 5 7 and 9 of the written statement herein below: -

(3.) THE Trial Court framed three issues, which are enumerated herein below for reference: