TILAK RAJ BHAGAT Vs. RANJIT KAUR & ORS.

JUDGEMENT

(1.) Plaintiff has filed this suit for Specific Performance, declaration and permanent injunction against the defendant. It has been prayed as under: -

(2.) Defendant No. 1 is widow of Late Mr. Prabjot Singh. Defendant nos. 2 to 9 have been impleaded as joint owners of the suit property as also being successors-in-interest to the estate of Late Sardar Gurbachan Singh. Case of the plaintiff is that he was occupying the ground floor of the suit property as a tenant. He was paying monthly rent of Rs. 3000/-. During his life time, Late Mr. Prabjot Singh negotiated with him for sale of the complete suit property and even accepted Rs.8,00,000/- (Rupees Eight Lacs Only) towards advance. Sale deed could not have been executed as there were serious family problems between Late Mr. Prabjot Singh, his brothers and their children, inasmuch as, he was also not keeping well, thus, he assured that the plaintiff would be given first option to purchase the suit property, after the things are settled amongst the family members. After the death of Mr. Prabjot Singh on 23rd September, 2007, plaintiff informed the family members of Late Mr. Prabjot Singh, vide letter dated 24th October, 2007, about his right to buy the suit property against a token advance of Rs.8,00,000/- (Rupees Eight Lacs Only) received by Late Mr. Prabjot Singh. Vide notice dated 21st March, 2009, defendant nos. 1 to 8 intimated the plaintiff that they had sold the suit property to defendant nos. 9 to 12 vide Sale Deed dated 6th March, 2009, hence the suit.

(3.) A perusal of plaint further makes it clear that no formal Agreement to Sell was executed between the plaintiff and Late Mr. Prabjot Singh, inasmuch as, even sale consideration or the time period for completing the sale transaction etc. has been mentioned in the MOD. At that stage, even the suit property was embroiled in the family disputes, thus, share of Late Mr. Prabjot Singh was uncertain, inasmuch as it has not been pleaded that other family members had authorized Late Mr. Prabjot Singh to sell the property. Late Mr. Prabjot Singh was not the exclusive owner of the suit property but was only having some share therein, which has not been even specified in the MOU.