PARAMJIT SINGH Vs. RATTI RAM

JUDGEMENT

(1.) This is defendant's Regular Second Appeal challenging the judgment dated 2-6-1983 passed by District Judge, Sirsa in Civil Appeal No. 14 of 1983 whereby the judgment and decree of the trial Court have been set aside and suit of the respondent Ratti Ram has been decreed in favour of the plaintiff for possession of the suit land. The substantial question of law which arises in the present Regular Second Appeal is as to whether an oral exchange of land, which is subsequently evidenced by a writing executed between the parties to the exchange, is compulsorily registrable under Section 17 of the Registration Act, 1908, provided the land exchanged is of value of more than Rs. 100/-.

(2.) Briefly stated the admitted facts may now be noticed : Ratti Ram hereinafter referred to as the plaintiff instituted a Civil Suit on 24-1-1979 being case No. 121 of 25-1-1979 seeking a decree for possession in respect of the land fully described in the title of the suit, which was as under:

(3.) On 18-11-1963, Paramjit Singh hereinafter referred to as the appellant had purchased 52 kanals 2 marlas of land from Sohan Lal, brother of the plaintiff. After selling the aforesaid land to the appellant Sohan Lal exchanged the same land with the plaintiff. This exchange of land between the brothers was challenged by the appellant by filing a civil suit, which was decreed in favour of the appellant on 30-7-1968. It was held that the exchange executed between Sohan Lal and Ratti Ram with regard to the suit land, was not binding on the appellant.