Declaration & Mandatory Injunction–Suit for–Dismissal–Appreciation–Appellant failed to prove the agreement–He had no prima facie case in his favour for filing the suit–Further, he was required to file a suit for specific performance of agreement within three years of agreement–Therefore, the suit filed by him was misconceived–Further more, it was hopelessly barred by limitation as he failed to show anything that the agreement was kept alive for a such long time–It is also not clear as to why the deceased will execute the will in favour of appellant instead of having two sons and a daughter–Held, suit was rightly dismissed.
