N.K.KAPOOR, J. - (1.) THIS judgment shall dispose of Regular Second Appeal Nos. 1602 and 1603 of 1979 as both these appeals are directed against the judgment and decree dated 16. 2. 1979 of the Additional District Judge, Faridkot, whereby the order dated 29. 1. 1977 of the Sub Judge 1st Class, Faridkot, was affirmed.
(2.) BEFORE examining the merit of the controversy raised in these appeals, it would be appropriate to briefly notice the broad facts of the case. Surinder Pal Singh filed a suit against Puran Chand and others for possession of 1/5th share of land measuring 234 Kanals 10 Marias as per details given in the heading of the plaint, situate within the revenue estate of village Bargari, Tehsil Faridkot. The suit was filed by the plaintiff through his next friend Shamsher Singh. Later on, Gurcharan Singh, uncle of the plaintiff became his attorney for prosecuting the suit. Kuldip Singh, defendant No. 8, father of the plaintiff, entered into an agreement with defendants No. 1 to 7 to sell the suit land to them. Before the sale deed could be executed as per agreement to sell, plaintiff filed the present suit seeking possession of the land on the basis of title. Challenge was made to the agreement to sell executed by his father on the ground that the plaintiff born on 15. 7. 1942 had attained majority at the time when agreement to sell was executed by Kuldip Singh, father of the plaintiff, and thus such an agreement having been executed without any authority is void, inoperative and ineffective qua the rights of the plaintiff and that the plaintiff is no where bound by any such agreement.
(3.) CONTESTING defendants put in appearance; filed written statement and pleaded that agreement was perfectly legal and valid and that the possession had been given to them by Kuldip Singh, father of the plaintiff, in pursuance thereof.;