DALIP SINGH Vs. MEHAR SINGH RATHEE

JUDGEMENT

(1.) Dalip Singh, the defendant-appellant (hereinafter referred to as "the appellant") was the owner of land measuring 69 kanals 10 marlas situated in the area of Village Bichhnari, District Gohana in the State of Haryana. He entered into an agreement for sale of the suit land on 25-5-1987 with Mehar Singh Rathee, plaintiff-Respondent 1 (for short "respondent 1") for a consideration of Rs 1,70,000. As per agreement the sale deed was to be executed on or before 25-7-1987. The appellant was required to obtain clearance certificate from the Income Tax Department for the sale of the suit land and also to get mutation of the land sanctioned in his favour before the execution of the sale deed because he had received the land through a civil court decree in Civil Suit No. 122 dated 19-3-1984 titled Dalip v. Sarti. The date for execution of the sale deed was extended by mutual agreement on 18-7-1987 to 25-8-1987.

(2.) It came to the knowledge of Respondent 1 that the appellant was trying to sell the property to Respondents 2 to 4. He issued registered A/d notices dated 17-8-1987, 19-8-1987, 20-8-1987 and telegram dated 19-8-1987 calling upon the appellant to execute the sale deed in terms of the agreement to sell. The appellant did not give any reply to the same nor did he give any information as to whether he had obtained the income tax clearance certificate and got sanctioned the mutation in his name. On 24-8-1987 it came to the knowledge of Respondent 1 that the appellant had purchased three stamp papers of the value of Rs 3250, Rs 3250 and Rs 6000 for selling the land to Respondents 2 to 4. The appellant appeared before the Sub-Registrar on 25-8-1987 along with balance consideration for execution of the sale deed but the appellant did not come to execute the said sale deed.

(3.) Apprehending that the appellant may sell the land to someone else, Respondent 1 filed a suit for permanent injunction in the Court of Sub-Judge, First Class, Gohana praying for a decree for permanent injunction restraining the appellant from selling the property to any other person and for mandatory injunction directing him to execute the sale deed in his favour only.