LAWS(P&H)-2010-9-228

TEJA SINGH Vs. BALWANT SINGH

Decided On September 20, 2010
TEJA SINGH Appellant
V/S
BALWANT SINGH Respondents

JUDGEMENT

(1.) THIS is defendants' regular second appeal against the judgment and decree dated 12.3.1985 passed by the learned courts below.

(2.) PLAINTIFF /respondent filed a suit for permanent injunction by pleading therein that the suit land comprised in Khata No. 76/95, Khasra No. 10/11/8-0, khata No. 223/300, Kh. No. 10/20/1/4-0, 21/2/3-0, 11/21/1/10/0-2, situated in village Daula Tehsil Sultanpur Lodhi, District Kapurthala was under the ownership of Barkat Singh son of Sunder Singh i.e. father of defendants No. 1 to 7 and husband of defendant No. 8.

(3.) ON notice, suit was contested, wherein it was pleaded, that father's name of Barkat Singh was not Sunder Singh but Shankar Singh. Agreement was said to be vague, indefinite and not fair, therefore, not enforceable. It was also pleaded that the land in dispute was never allotted to Barkat Singh. Defendants also denied the execution of the agreement of sale in favour of the plaintiff/respondent. Possession of the plaintiff/respondent was also disputed.