BAKSHISH SINGH Vs. JOGINDER SINGH AND OTHERS

JUDGEMENT

(1.) Bakshish Singh defendant no. 3 who was successful in the trial court but has been unsuccessful in the lower appellate court has filed this second appeal.

(2.) Suit was filed by respondent no. 1 plaintiff Joginder Singh against respondents no. 2 and 3 as defendants no. 1 and 2 and against appellant as defendant no. 3. Case of the plaintiff is that defendant no. 2 Trust through its then Chairman Om Parkash leased out the suit plot to plaintiff vide lease deed dated 5.3.1997 for 99 years which was to be got registered but registration thereof was put off by Om Parkash. Ultimately, Om Parkash died on 13.10.1997. Now defendant no. 1, who is son of said Om Parkash, is Chairman of Trust defendant no. 2. It was also alleged that defendant no. 3 had filed a suit for injunction against defendants no. 1 and 2 and against the plaintiff herein. In that suit, possession of defendant no. 3 herein was held over the suit plot although he was not in possession thereof. The said finding was upheld upto this Court in second appeal. In view thereof, defendant no. 3 took forcible possession of the disputed plot. The plaintiff accordingly sought specific performance of the lease agreement (deed) dated 5.3.1997 by way of execution and registration of the lease deed by defendants no. 1 and 2 and also sought possession of the suit plot from defendant no. 3.

(3.) Defendants no. 1 and 2 in their written statement controverted the plaint averments. It was denied that Om Parkash leased out the suit plot to plaintiff for 99 years and received the lease money of Rs.span 42,000.00.