ISHAR DASS Vs. BHAGATI DEVI

JUDGEMENT

(1.) THIS is Plaintiff 'sregular second appeal filed under Section 100 of the Code of Civil Procedure, 1908.

(2.) PLAINTIFF 'sCivil Suit No. 11 of 1994, for specific performance of agreement to sell and symbolic possession of the suit land stands partly decreed by Senior Sub Judge, L and S at Kullu, H.P. (Exercising the Powers of SJIC, Kullu, H.P.) in terms of judgment and decree dated 6.8.1998. Aggrieved of the same Plaintiff Sh. Ishar Dass filed an appeal before the District Judge, Kullu, H.P. Defendant No. 2 Sh. Anup Ram and Defendant No. 3 Sh. Gurdial are real brothers of Smt. Bhagati Devi (Defendant No. 1). The appeal stands dismissed by the District Judge, Kullu in terms of judgment and decree dated 30.9.1999.

(3.) IT is not in dispute that Smt. Bhagati Devi (Defendant No. 1) is the owner of the suit land. It is not in dispute that she is a widow and she has only one female child. It is also not in dispute that Sh. Gurdial and Sh. Anup Ram are her real brothers.