UDHAM SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) Suit for declaration regarding property in dispute filed by plaintiff Balwant Singh (respondent herein) was dismissed by the trial Court of learned Sub-Judge 1st Class, Ajnala vide judgment dtd. 12/8/1987. However, the appeal filed by the said plaintiff was accepted by the first appellate court of learned Additional District Judge, Amritsar vide judgment dtd. 17/9/1990, thus, decreeing the suit. Against this reversal, defendant Udham Singh (appel- lant herein) has approached this Court by way of the present Regular Second Appeal.

(2.) Trial Court record was called. Same has been perused. In order to avoid confusion, parties shall be referred as per their status before the trial Court.

(3.) Pritam Singh, the father of plaintiff Balwant Singh was recorded to be owner of the suit land measuring 14 Kanal detailed in headnote of the plaint. He executed an agreement dtd. 7/4/1981 in favour of defendant Udham Singh to sell the suit land to him. Based upon this agreement, Udham Singh brought a suit for specific performance, which was decreed on 29/11/1983 vide judgment Ex.D1. During the appeal filed by Pritam Singh against the said decree dtd. 29/11/1983 for specific performance, said Pritam Singh expired and his legal representatives including plaintiff of this case Balwant Singh were brought on record. An application was moved by the said plaintiff to amend the written statement so as to incorporate the plea that property in dispute was ancestral in nature and that same could not be sold by his father Pritam Singh without any legal necessity. However said application was dismissed by the Appellate Court. Ultimately, the appeal filed by Pritam Singh through his LRs was dismissed on 20/8/1985 vide judgment Ex.D2. Pursuant to the decree for specific perfor- mance passed by the Courts, impugned sale deed dtd. 26/12/1985 (Ex.DW2/1) was executed in favour of defendant of present case Udham Singh through process of the Court.