BALDEV SINGH Vs. GURDEV SINGH AND OTHERS

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned Courts below, whereby the suit for declaration that the plaintiff is owner in possession of the suit land by virtue of agreement dated 15.2.1976, was dismissed.

(2.) The parties are real brothers. It is the case of the appellant that on 15.2.1976, an agreement was executed between the appellant and defendant Nos. 1 and 2, whereby the defendants were entitled to their share and possession over the land in dispute after the payment of the price of the land to the plaintiff and till such time, the plaintiff would remain in possession as owner. It is further contemplated in the said agreement that in case of failure to pay the amount, it shall be open to the plaintiff to seek amendment in the sale deeds.

(3.) It is the case of the plaintiff that he has purchased the land measuring 6 kanals 11 marlas on 20.5.1976; 3 kanals 5 marlas on 14.6.1976; 6 kanals 11 marlas on 17.1.1977 and 1 kanal 3 marlas vide sale deed dated 20.3.1979. The said sale deeds are in favour of the plaintiff and the defendants. It is the case of the plaintiff that the defendants have not paid the sale consideration as per the agreement. Therefore, the plaintiff is entitled to declaration.