Janak Raj Kotwal, J.

This Revision Petition by defendant is directed against order dated 17.10.2015 of the learned City Judge, Jammu, whereby preliminary issue No. 1 framed in the suit has been decided against the defendant and decision in preliminary issue No. 2 has been deferred holding that it involves mixed question of law and fact.

2. Heard learned counsel for the parties.

3. Respondent (plaintiff) has filed suit seeking declaration that sale deed dated 05.02.1994. executed by one Puran Chand in regard to land measuring 02 kanal comprised in Khasra No. 631/609 in favour of the petitioner (defendant) is illegal and null and void and consequential relier of permanent prohibitory injunction restraining petitioner from interfering with respondent's possession of 01 kanal of the land covered under the said sale deed.

4. Respondent's case, precisely, is that aforementioned land was earlier purchased by him and the petitioner jointly from said Puran Chand under an agreement to sell for a consideration of Rs. 5000/- in the year 1993. Parchased price was paid by both of them in equally shares and since then they are in possession of 01 kanal of land each. The petitioner, however, in