JUDGMENT :

S. RAVINDRA BHAT, J.

1. Special leave granted. Counsel for parties were heard, with their consent, for final disposal of the appeal which questions a judgment and order of the Punjab and Haryana High Court¹[Dated 24.8.2016 in RSA 932/2010 (O & M).].

2. The relevant facts are that the property marked 'ABCD' in the site plan (produced along with the suit), located at GT Road, Shahabad Markanda was purchased in the name of the first defendant, allegedly in lieu of claim of properties left in Pakistan. It was stated that the joint family properties belonged to a Hindu undivided family consisting of second plaintiff (hereafter Rajpal), his father and the first defendant (hereafter Girdhari Lal). Girdhari Lal being brother of Rajpal agreed to sell portion marked 'GFEDCB' along with the first floor roof of the entire building (marked ‘ABCD’) to Rajpal’s wife, Bimla Devi (the first plaintiff/first respondent, referred to by her name hereafter) for a total consideration of Rs. 2500/- in 1961. This sum was allegedly received by Girdhari Lal who agreed to execute the sale deed as and when required by Bimla Devi. Girdhari Lal also delivered possession to Rajpal and since then the plain