This second appeal, preferred un der Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 26-02-2003, passed in Civil Appeal No. 50 of 2000 by learned Additional District Judge / III Fast Track Court, Udham Singh Nagar, whereby the said appeal is dismissed and judgment and decree dated 24-07-2000 passed in Civil Suit No. 244 of 1997 passed by learned trial court was upheld.

2. Brief facts of the case, are that appellant (plaintiff) is tenure holder and resident of Village Sakainiya, Tehsil Gadarpur, District Udham Singh Nagar. According to plaint case, the defendant Dharam Veer Singh, on 02-12-1988 executed an agreement in favour of plaintiff to sell land measuring 05 Bighas in respect of plot No. 188/3, 11 Bighas 10 Biswa in respect of plot No. 193/1 M, 10 Bighas in respect of plot No. 193/2, 09 Bighas in respect of plot No. 193/2 M, and 10 Bighas 3 Biswa in respect of plot No. 193/3 (total land measuring 45 Bighas 13 Biswa) of the aforesaid village. The said agreement was registered before the Sub Registrar, Bazpur. It is pleaded by the plaintiff (appellant) that he is in possession of these plots since then. The dispute re lates to

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