TEJA SINGH Vs. RAM PARKASH TALWAR

JUDGEMENT

(1.) This appeal has been filed by the defendant against the judgment and decree of the Additional District Judge, Jullundur, dt. 20th May, 1975.

(2.) Briefly, the facts are that Ram Parkash plaintiff No. 1 and Hans Raj father of plaintiffs Nos. 2 to B (now respondents 4 to 8) were the owners of the property in dispute and Teja Singh defendant was the tenant under them. The plaintiffs filled an application for ejectment against the defendant under the Punjab Security of Land Tenures Act. The defendant contested the application and denied the relationship of landlord and tenant. He inter alia pleaded that plaintiff No. 1 and Hans Raj had entered into an agreement dated 8th July, 1959 to sell the land to him, The application was dismissed by the Assistant. Collector. It was averred that even if there was an agreement between plaintiff No. 1 and Hans Raj on the one side and the defendant on the other, that was unlawful for the reason that the property was a joint Hindu family property. It was further averred that the defendant also committed breach of the agreement as he failed to perform his part of the same. Consequently, they filed a suit for possession against the defendant.

(3.) In the written statement, the defendant controverted the allegations of the plaintiffs and inter alia pleaded that he was in possession of the land in part performance of the agreement dated 8th duly, 1959, and was always ready and willing to perform his part of the agreement and is prepared to do so even now, but the plaintiffs have failed to perform their part of the agreement. He further stated that a sum of Rs. 740/- was due from him to the plaintiffs, which they were not ready to receive from him. Some other pleas were also taken by the defendant which are reflected in the issues. On the pleadings. of the parties, the following issues were framed:-