M. S. A. Siddiqui, J.

( 1 ) BY this order, I propose to decide the following preliminary issue framed on 25. 1. 1990:

"whether the suit as framed is maintainable?"

( 2 ) TO appreciate the merits of the controversy, it will be necessary to give brief narrative of the material facts. Plaintiff and the defendant No. 1 are real brothers. Defendant No. 2 is the brother-in-law of defendant No. 1 and defendant No. 3 is the wife of the defendant No. 2. The agricultural lands measuring 11 bighas and 7 biswas, bearing Kh. Nos. 555 (4-16), 556/2 (2-14), 556/l (0-9-l-14), 557 (l-14) situated in Village Aya Nagar, Tehsil Mehrauli, New Delhi (here in after referred to as the suit land) were owned and possessed by the plaintiff. On 8. 6. 1981, the defendant No. 1 agreed to sell the suit land to the plaintiff for a consideration of Rs. l,02,000. 00 vide deed of agreement dated 8. 6. 1981. On that date,defendantno. 1,after receiving sale consideration from the plaintiff, placed him in possession of the suit land. On the same day, the defendant No. 1 also executed a General Power of Attorney in favour of the plaintiff, in respect of the suit land. Although the plaintiff cultivated the suit land for th

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