Udham Singh (Deceased) vs Balwant Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 1219

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Udham Singh (Deceased) – Appellant
Versus
Balwant Singh – Respondent

Advocates Appeared:
For the Appellant :Mr. A.D.S. Sukhija, Advocate and Mr. Ish Karan Singh Chhabra, Advocate
For the Respondent:Mr. Prabhjayjot Singh Chahal, Advocate and Mr. G.S. Nagra, Advocate

JUDGMENT :

Deepak Gupta, J.

1. Suit for declaration regarding property in dispute filed by plaintiff Balwant Singh (respondent herein) was dismissed by the trial Court of learned Sub-Judge 1st Class, Ajnala vide judgment dated 12.08.1987. However, the appeal filed by the said plaintiff was accepted by the first appellate court of learned Additional District Judge, Amritsar vide judgment dated 17.09.1990, thus, decreeing the suit. Against this reversal, defendant Udham Singh (appellant herein) has approached this Court by way of the present Regular Second Appeal.

2. Trial Court record was called. Same has been perused. In order to avoid confusion, parties shall be referred as per their status before the trial Court.

3. Pritam Singh, the father of plaintiff Balwant Singh was recorded to be owner of the suit land measuring 14 Kanai detailed in headnote of the plaint. He executed an agreement dated 07.04.1981 in favour of defendant Udham Singh to sell the suit land to him. Based upon this agreement, Udham Singh brought a suit for specific performance, which was decreed on 29.11.1983 vide judgment Ex.DI. During the appeal filed by Pritam Singh against the said decree dated 29.11.1983 for sp