SUKHCHAIN KAUR Vs. JAGAT SINGH

JUDGEMENT

(1.) This appeal, pending since the year 1988, has been filed by the plaintiff in a suit seeking possession of the suit property, with a decree of specific performance initially having been issued in her favour by the trial court, in respect of an agreement stated to have been entered into between her and respondent-defendant no.1, Jagat Singh, on 01.09.1981 (Ex.P1 before the trial court), the suit land being almost one acre (7 kanals and 19 marlas) out of a holding of 15 kanals and 18 marlas of land, as fully described in the plaint. That decree, however, was reversed by the 1st appellate court, consequent upon which she instituted the present appeal.

(2.) It was next contended that as regards respondents no.2 and 3, they were fully aware of the agreement dated 01.09.1981 but despite that they got a sale deed executed in their own favour, with malafide intention, in collusion with defendant no.1, he in fact being their uncle (fathers' brother).

(3.) Upon notice issued in the suit, respondent-defendant no.1, Jagat Singh, did not put in an appearance before the trial court and was proceeded against ex parte; but respondents no.2 and 3 filed a written statement, denying completely the agreement relied upon by the appellant-plaintiff, further contending in fact that it was attested by a close relative of the plaintiff, which pointed to the fact that it was a 'fictitious one'.