BALRAJ SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 23.12.205 passed by the learned Civil Judge (Jr. Divn.), Nawanshshar vide which application moved by the petitioner under Order 39 Rules 1 & 2 C.P.C. was rejected keeping in view the terms of the agreement to sell on receipt of Rs. 14,50,000/- to the petitioner. The petitioner had handed over the possession to the respondent and this fact was duly incorporated in the agreement to sell. The appeal filed by the petitioner was also dismissed.

(2.) THE learned counsel for the petitioner has challenged the order passed by the learned Courts below on the plea that latest Khasra-Girdawaries i.e. for the year 2005-06 shows that the petitioner to be in possession of the properties in dispute. He has further stated that he is in possession of 'J' form issued by the Grewal and Co. showing the sale of the agricultural produce by the petitioner. It is also contended by the learned counsel for the petitioner that recital in the agreement is very weak type of evidence on which no prima facie reliance has been placed.