SARDAR SINGH Vs. JASWINDER SINGH AND ANR.

JUDGEMENT

(1.) Defendant Sardar Singh aggrieved by order dated 10.06.2010 passed by learned Civil Judge (Junior Division), Ludhiana has filed the instant revision petition.Respondents Jaswinder Singh and Jagnohan Singh (Plaintiffs) filed suit against the Petitioner vide plaint Annexure P-1 for possession of the suit property by specific performance of the agreement to sell dated 06.07.1994 and for direction to the Defendant to get registered the sale deed dated 26.04.1995 already executed or to execute and get registered fresh sale deed of the suit property. Permanent injunction restraining the Defendant from delivering possession of the suit land to anybody else and from changing its nature and from alienating it, has also been claimed.

(2.) Defendant moved application Annexure P-2 under Order 7 Rule 11 of the Code of Civil Procedure (CPC) for rejection of the plaint on the ground that the suit is time barred.

(3.) Plaintiffs filed reply Annexure P-3 to the application controverting the same, alleging that the suit is within limitation. It was also pleaded that question of limitation is to be decided on merits after recording evidence. Various other pleas were also raised.