JUDGMENT :

B.R. Gavai, J.

1. The appeal challenges the judgment dated 28th January 2009 passed by the learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No. 3205 of 2007 (O&M), thereby dismissing the appeal filed by the present appellant.

2. Brief facts giving rise to the present appeal are as under:

As per Kartar Singh, the original plaintiff (since deceased), the grandfather of respondent Nos.1 and 2, he had entered into an agreement to sell the agricultural lands on 10th January 1993. As per the said agreement, the sale deed was to be executed before 15th March 1994. According to the plaintiff, a family settlement also took place between him and the appellant-defendant in the month of November 1993. It is to be noted that the plaintiff initially filed a suit for declaration against the appellant-defendant being Civil Suit No. 141 of 1994 on 10th February 1994. The said suit was filed on the basis of the said family settlement that took place in the month of November 1993. On the basis of the application filed by the plaintiff, the said suit was dismissed as withdrawn on 7th May 1994.

3. The plaintiff filed the present suit on 2nd June