MAHARAJ SINGH Vs. KARAN SINGH (DEAD)

JUDGEMENT

(1.) This appeal is at the instance of the original third, second, and fourth defendants. The first and second respondents are the original plaintiffs. The third respondent is the mother of the deceased original first defendant. For convenience, we are referring to the parties according to their status in the suit.

(2.) Reference to a few factual aspects will be necessary. The first defendant executed a registered agreement for sale dtd. 7/12/1981 by which he agreed to sell his Bhumidhari land measuring 2.90 acres of Khasra no. 48 (for short, 'the suit property') at village-Jauniwala, Tehsil-Kashipur, DistrictNainital in favour of the plaintiffs for the consideration of Rs.20,300.00. There was a recital in the registered agreement dtd. 7/12/1981 (for short, 'the suit agreement') that the first defendant had received a sum of Rs.7,000.00 as advance and the balance consideration was payable at the time of execution of the sale deed. The first defendant agreed to execute the sale deed within three years from the date of the suit agreement. According to the plaintiffs' case, requests were made orally and by sending notices to the first defendant to execute the sale deed. It is pleaded in the plaint that the first defendant refused to accept notices.

(3.) On 6/9/1983, the first defendant sold 1.60 acres out of the suit property to the second and third defendants by a registered sale deed. By another sale deed dtd. 12/12/1983, the first defendant sold the remaining part of the suit property to the second to fourth defendants. We must note that the suit was filed on 17/12/1983, and the averments regarding the subsequent alienations were incorporated by the amendment made to the plaint in terms of the order dtd. 28/7/1984. The case made out in the plaint is that the subsequent sale deeds are collusive. The prayer in the suit was for specific performance of the suit agreement with a direction to the defendants to hand over possession of the suit property to the plaintiffs and to execute a sale deed in respect of the suit property in their favour.