SURJIT KAUR Vs. NAURATA SINGH

JUDGEMENT

(1.) This Appeal is against a Judgment dated 15th December, 1992 by which the Second Appeal filed by the Appellant (herein) has been dismissed.

(2.) Briefly stated the facts are as follows: On 10th September, 1980 the Appellant entered into an Agreement to Sell, to Respondent No. 1 her 1/2 share in 212K 13M of land at the rate of Rs. 30,250/- per killa. The Agreement to Sell provided that the Sale Deed was to be executed by 30th June, 1981. It also provided that by that date the Appellant was to get her name mutated into the record of rights and she was also to give possession of land to the 1st Respondent. A sum of Rs. 20,000/- was paid to the Appellant at time of execution of the Agreement.

(3.) Respondent No. 2 filed a suit against the Appellant and the 1st Respondent claiming ownership and possession of land. Respondent No. 2 claimed ownership to the suit land under an alleged will made in his favour by the mother of the Appellant. In that suit an interim order was passed preventing alienation of the land by the Appellant. However, that suit was ultimately dismissed on 7th October, 1982.