DAYA SINGH Vs. MOHAN SINGH AND ORS

JUDGEMENT

(1.) As prayed for by learned Counsel for the appellant, service of respondent Nos. 1, 4 (represented by legal representatives) and 5 is dispensed with as they were ex parte in both the courts below.

(2.) Daya Singh plaintiff having remained unsuccessful in both the courts below has filed the instant second appeal.

(3.) Plaintiff and defendant No. 4 Gainda Singh were joint owners in possession of the suit land measuring 4 kanals 14 marlas in which plaintiff's share was 40/94 i.e. two kanals. They were also joint owners in possession of other land. Defendants Nos. 1 and 5 are sons of defendant No. 4. On 17.2.1998 an agreement was entered into between plaintiff and defendants Nos. 1, 4 and 5 for partition of the joint land of plaintiff and defendant No. 4. According to said agreement, plaintiff gave his share of 2 kanals land in total land measuring 4 kanals 14 marlas by executing registered sale deed dated 17.2.1998 in favour of defendant No. 1 without consideration as other joint land between plaintiff and defendant No. 4 was partitioned vide agreement dated 17.2.1998. However, defendant No. 4 did not comply with the said agreement. Consequently, the plaintiff pleaded that sale deed dated 17.2.1998 executed by him in favour of defendant No. 1 regarding 2 kanals land in suit is illegal and inoperative and liable to be set aside. The same was without consideration. Further sale deed dated 16.10.1998 of the said land by defendant No. 1 in favour of defendants Nos. 2 and 3 was also challenged by the plaintiff in the suit being null and void. The plaintiff also alleged by amendment of plaint that during pendency of the suit, the defendants forcibly took possession of the suit land measuring 2 kanals from the plaintiff in January, 2004. The plaintiff, therefore, also prayed for joint possession of the suit land.