PRITHVI SINGH Vs. BANSHI LAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This second appeal has been filed by the plaintiffs against the judgment and decree dated 1st Feb. 1984 dismissing the suit of the plaintiffs and the appeal against which was also dismissed by the first appellate Court by judgment and decree dated 15th March, 1985.

(3.) Brief facts of the case are that the plaintiffs filed the suit for perpetual injunction against the defendants Nos. 1 and 2 alleging that the plaintiffs purchased a piece of land from the defendant No. 2 by the registered sale deed dated 22nd Feb., 1974. It comes from the facts of the case that there was adjoining land in the eastern side to the plaintiffs purchased property and that was in occupation of the defendant No.l as tenant of the defendant No. 2-seller. It appears from the fact that there was necessity for providing way to approach the plaintiffs purchased property and for that purpose way could have been provided only in the eastern side of the purchased property, but the eastern side was occupied by the defendant No. 1 as tenant, therefore, the defendant No. 1 satisfied the defendant No. 2 and agreed to gift the land, which was in occupation of the defendant No. 1 as tenant excluding the land in dispute, which was left for the way to reach to the plaintiffs plots. For that purpose, the defendant No. 1 agreed and executed an agreement dated 22nd Feb. 1974 in favour of the defendant No. 2 agreeing that defendant No. 1 will vacate the land measuring 18 x 13 and the defendant No. 2 in lieu of that executed a gift deed on the same day i.e. 22nd Feb., 1974 in favour of the defendant No. 1 for the land, which defendant No. 1 was occupying as a tenant except the land measuring 18 x 13. The gift deed was also registered on 22nd Feb., 1974, therefore, there are total three documents; one sale deed (Ex.1), dated 22nd Feb., 1974 in favour of the plaintiffs; second a gift deed (Ex. 4), dated 22nd Feb., 1974 in favour of the defendant No.l executed by the defendant No. 2. Both the sale deed and gift deed were presented for registration and were registered on 22nd Feb., 1974. Third is the agreement of the same date i.e. 22nd Feb., 1974 executed by the defendant No. 1 in favour of the defendant No.2, which also appears to have been marked as Ex. 4.