JUDGMENT:

1. The Original Defendants are before this Court challenging concurrent judgments and orders passed by the two Courts below whereby the suit filed by the Respondent No.1 (Original Plaintiff) seeking partition was decreed in terms of the prayers made in the suit.

2. The Respondent No.1, later represented through his legal representatives as plaintiffs, filed the suit in 1983 for partition of the suit property and praying for allotment of 1/3rd share in the property on the northern division in which the residential house of the Plaintiff was located. The Original Plaintiff had purchased undivided 1/3rd share of the property from his vendor by registered sale deed dated 27.02.1980. In the plaint itself, it was stated that the Plaintiff and Original Defendant No.1 and his wife the Original Defendant No. 2, had entered into an agreement for division of the property, but the said agreement was signed only by the Original Defendant No 1, while his wife did not sign the same. It was also stated in the plaint that the said agreement was never presented for registration before the office of the Sub-Registrar. The said agreement was entered into on 17.07.1980, but according to the Pla