B.R.GAVAI,J. - (1.)The appeal challenges the judgment dtd. 28/1/2009 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 10/1/1993. As per the said agreement, the sale deed was to be executed before 15/3/1994. 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 10/2/1994. 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 On the basis of the application filed by the plaintiff, the said suit was dismissed as withdrawn on 7/5/1994.

(3.)The plaintiff filed the present suit on 2/6/1994 being Suit No. 536 of 1994 seeking specific performance on the basis of alleged agreement to sell dtd. 10/1/1993. The appellant-defendant resisted the suit by filing written statement on 29/10/1994. In the written statement, the appellant-defendant categorically denied the existence and/or the execution of any agreement to sell. It was specifically contended by the appellant-defendant that the second suit was not maintainable in view of withdrawal of the first suit. The plaintiff filed his Replication on 14/11/1994 contending that the first suit for declaration was filed only to avoid payment of stamp duty and registration charges.