SAHIRAM Vs. JAISUKH RAM

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the impugned judgment as well as the record.

(2.) The instant first appeal has been preferred by the appellant defendant Sahi Ram for assailing the judgment-cum- decree dated 16.03.2018 passed by the learned Additional Sessions Judge, No.3, Bikaner whereby, the suit filed by the respondent plaintiff Jaisukh Ram for specific performance of contract and permanent injunction was decreed.

(3.) The respondent plaintiff Jaisukh Ram filed the suit seeking execution of an agreement for sale/transfer of land admeasuring 1500 sq. yards in the village Desalsar, Tehsil Nokha, District Bikaner by impleading his brother, the appellant herein, as a defendant. The plaintiff claimed in his plaint that acting on a family settlement, he executed a sale deed without consideration in favour of the defendant and transferred his land admeasuring 2400 sq. yards in favour of the defendant and in exchange, in terms of the family settlement, the defendant was obliged to execute a sale deed for a plot of land admeasuring 1500 sq. yards from his pattasuda land, the total measurement whereof was 3000 sq. yards. It was further averred in the plaint that the plaintiff had requested the defendant to execute the agreement but he kept on avoiding the same.