BEHARI LAL Vs. BEHARI LAL

JUDGEMENT

(1.) THIS appeal arises out of a suit for declaration and possession. The subject of dispute is land measuring 2 kanals under survey No. 993 -Min situated at Topsherkhania, Jammu.

(2.) PLAINTIFF averred that the land was acquired by him benami in the name of the first defendant from its previous owner, Gajay Singh, on 7 -7 -1959 as he did not have the State Subject Certificate then which was obtained by him subsequently. He further averred that this fact was acknowledged by the first defendant by an agreement EXP. PA execu ­ted by him contemporaneously with the execution of the sale deed by Gajay Singh. He also averred that the first defendant did not subse ­quently pass on the land to him despite demands made by him and instead sold a portion thereof measuring 9 marlas to the second defendant,

(3.) THE first defendant pleaded in defence that he was the real and not the ostensible purchaser of the land and denied having executed the agreement EXP. PA which, he also said, was inadmissible in evi ­dence, being unregistered. He further pleaded that the plaintiff was not legally competent to purchase the land under the provisions of Land Alienation Act as he was neither a State Subject nor also one who belon ­ged to an agricultural class. The defence of the second defendant simply was that he was a bonafide purchaser for consideration.