Falshaw, J. - (1.) This is an appeal under Clause 10 of the Letters Patent against the decision of Chopra J. accepting a second appeal and remanding the suit to the trial Court for fresh decision after allowing the plaintiff to amend his plaint.
(2.) The facts are that the appellant Kartar Singh & the respondent Sardara Singh are brothers. Sardara Singh, however, had been adopted by one Rattan Singh, on whose death in 1940 Sardara Singh had succeeded to his property including about 30 bighas of land. Wazir Singh, father of the parties, died in 1948 leaving about 12 big has of land. At that time Kartar Singh was away running a taxi business in Calcutta, and Sardara Singh got the land of Wazir Singh mutated in the names of the brothers in equal shares, although it is evidently a moot point whether, having succeed to the whole estate of his adoptive father, Sardara Singh was entitled to succeed to any part of his natural father's estate.
(3.) This led to a dispute between the brothers who reached a settlement on the 26th September 1949 by means of a deed which was registered. The terms of the agreement were that Saradara Singh would transfer one-half of the land he inherited from his adoptive father to Kartar Singh while the latter was to transfer one-half share of his taxis to Sardara Singh, there being a stipulation that if either of the brother went back on the agreement the other would be entitled to damages or to sue for specific performance of the agreement.;