DIWAN RANJAN SAWHNEY Vs. CHHOTU RAM

JUDGEMENT

(1.) The present execution petition has been filed by Sh. Bipin Gujral who is alleged to be the assignee of Sh. Diwan Ranjan Sawhney, against the Judgment Debtors praying that direction be issued to the registry to get the sale deed registered in favour of Sh. Bipin Gujral S/o. Sh. Prem Gujral in view of the judgment and decree passed by this court on 26.08.1998 in CS(OS) No. 1698/1988.

(2.) Originally the Suit for Specific Performance of agreement to sell dated 19.12.1986 was filed by both Sh. Diwan Ranjan Sawhney and Bipin Gujral against Sh. Chhotu Ram, Sh. Likhi Ram, Sh. Ramesh, Sh. Ishwar and Sh. Amarjit (minor through Smt. Nirmala Devi, mother and natural guardian). It is stated in the Plaint that the Defendants in the Suit entered into an agreement to sell dated 19.12.1986 with the Plaintiff whereby the Defendants agreed to sell their agricultural land measuring 20 bighas 2 biswas comprised at Khasra No. 153 min. at the rate of 2,50,000/- per acre to the Plaintiffs on the terms and conditions contained in the agreement to sell.

(3.) The Plaintiffs also paid a sum of Rs. 2,00,000/- as earnest money as part payment towards the sale consideration of the said land. The balance amount of Rs. 8,46,890/- was to be paid by the Plaintiffs before the Sub-Registrar at the time of attempting the execution and registration of the sale deed. Since the Defendants failed to perform their part, the said Suit was filed before this Court.