RAJBIR SEHRAWAT
Rajender Singh – Appellant
Versus
Nanga@ Nanak (deceased) thr. his LRs. – Respondent
RAJBIR SEHRAWAT, J.
1. This judgment shall dispose of two regular second appeals i.e. RSA No.988 of 2011 and RSA No.4886 of 2011. Both the appeals emerged from the same judgment, passed in two different suits. Hence, both the appeals are being decided by a common order.
2. For convenience, the parties would be referred herein, as the plaintiff and defendant, as they were described in the suit filed by Nanak Singh.
3. The brief facts of this case are that, Nanak Singh, who is respondent No.1 (being represented by LRs) in the present appeal, filed a suit for declaration of his title and for injunction, claiming that the defendant be restrained from interfering in possession of the plaintiff. It was pleaded that the suit property, which is land measuring 04 marlas; was owned by Manphool Singh, defendant No.1 in the suit, who was the real brother of Nanak Singh. Manphool Singh and Nanak Singh were otherwise co-sharers in the land. However, Manphool Singh entered into an agreement dated 08.07.1981 with Nanak Singh. As per the agreement, the said Manphool Singh agreed to sell the land to Nanak Singh. Consideration for the said transaction was fixed to be Rs.2000/-. The entire cons
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