CHANDER BHAN (D) Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) The appeal filed by the appellant presently before us challenges the Judgement and order dtd. 3/10/2019, passed in a second appeal by the Punjab and Haryana High Court. The impugned Judgement of the High Court has reversed the concurrent findings of the trial court and the first appellate court and has consequently dismissed the suit of specific performance filed by the appellant-plaintiff, although a partial relief was granted to the appellant by return of the earnest money to the appellant, with interest.

(2.) The facts leading to this appeal are that on 10/11/2002 appellant and respondent no. 3 entered an agreement to sell relating to 16 "Kanals" of land for a total consideration of Rs.8.00 lakhs, where Rs.2.50 lakhs was paid at the time of agreement and remaining Rs.5.50 lakhs was to be paid at the time of execution of sale deed, which was to be executed on or before 10/11/2004.

(3.) After the agreement to sell but before the date of the execution of the sale deed the present appellant having received the knowledge that respondent no. 3 was likely to alienate the suit property, files a suit for permanent injunction on 21/7/2003 against respondent no. 3 where an order of temporary injunction was passed in his favour on 28/7/2003. On the very same day, i.e., 28/7/2003 respondent no. 3 though executes a "release deed" in favour of his son, Harvinder Singh (respondent no. 4), for which mutation was also sanctioned.