SHINGARA SINGH Vs. DALJIT SINGH

JUDGEMENT

(1.) The defendant No. 2 in the suit has preferred this appeal challenging the judgment and decree passed by the High Court allowing the appeal preferred by the plaintiff/Daljit Singh to set aside the judgment and decree of the Trial Court and the First Appellate Court which concurrently decreed the suit partially only for the alternative relief of recovery of Rs.40,000.00 along with interest while dismissing the suit in respect of specific performance of the agreement dtd. 17/8/1990.

(2.) The facts of the case emerging from the pleadings of the parties are that plaintiff/Daljit Singh instituted the suit on 24/12/1992 claiming specific performance of the agreement to sell dtd. 17/8/1990 in respect of the land measuring 79 Kanals 09 marlas @ of Rs.80,000.00 per acre against the payment of earnest money of Rs.40,000.00 and the balance amount of Rs.7,54,000.00 at the time of execution and registration of the sale deed on or before 30/11/1992.

(3.) According to the plaintiff, he remained present in the office of the Sub-Registrar on 30/11/1992 with the balance sale consideration and all the expenses for stamp papers but defendant no. 1 did not turn up to perform his part of the agreement. The plaintiff marked his presence by submitting an affidavit before the Executive Magistrate. The suit was preferred within 23 days as stipulated in the agreement. Defendant no. 1 initially denied the execution of the agreement to sell, much less, receipt of the earnest money with further averment that the subject land was a Joint Hindu Family property. During the pendency of the suit, the present appellant/defendant no. 2/Shingrara Singh was impleaded on 25/1/1993 on the basis that defendant no. 1/ Janraj Singh executed a sale deed in his favour on 8/1/1993 in respect of the suit land on the basis of alleged agreement to sell dtd. 19/11/1990 for a sum of Rs.6,45,937.50. It is to be noted that the Trial Court passed an order of status quo on 24/12/1992 qua alienation with regard to the share of defendant no. 1.