KARTAR SINGH Vs. UJAGAR SINGH

JUDGEMENT

(1.) This is plaintiffs regular second appeal against the judgment and decree, of the Additional District Judge, dated 11.9.78, whereby the appeal filed by the defendant had been accepted and the suit of the plaintiff was ordered to be dismissed.

(2.) The defendant put in appearance and filed written statement. He contended that the agreement and the sale-deed in question are vague, indefinite, without consideration and fradulent. It was further averred that the plaintiff has got no locus standi to file the present suit as he is not a party to the alleged agreement dated 21.5.1973. It was further urged that Dharam Singh who was party to the agreement got executed a pronote for a sum of Rs. 4000/- from the defendant on 29.7.1973. The claim of the plaintiff was also resisted on the ground of maintainability of the suit in the present form; suit being not within limitation and also that the suit has not been properly valued for the purposes of court fee and jurisdiction.

(3.) On the pleadings of the parties, following issues were framed: