DALBIR SINGH Vs. NIRMAL SINGH

JUDGEMENT

(1.) The appeal impugns the judgment and decree (dated 15th December, 1990 of the Court of the Additional District Judge, Delhi in Suit No.326/1981 filed by the deceased respondent/plaintiff against the appellant/defendant) of specific performance of the Agreement dated 28th July, 1962 of sale by the appellant/defendant of land admeasuring 41 bighas and 16 biswas situated at Village Chattarpur, Delhi to the deceased respondent/plaintiff.

(2.) Notice of the appeal was issued and vide ex-parte ad-interim order dated 21st February, 1991, the execution of the Sale Deed in pursuance to the decree was stayed. Vide order dated 12th March, 1991, the Trial Court records were requisitioned. One of the legal heirs of deceased respondent/plaintiff namely Smt. Hanso Devi died during the pendency of the appeal and her name was deleted from the array of respondents. On 2nd February, 1995, the appeal was admitted for hearing and the earlier interim order was made absolute till the decision of the appeal. On 19th November, 2008, when the appeal came up for hearing, the same was dismissed in default. However, on application made by the appellant/defendant, the same was vide order dated 25th February, 2009 restored to its original position. Another legal heir of the deceased respondent/plaintiff namely Smt. Savitri Devi also died during the pendency of the appeal and her legal heirs were substituted vide order dated 30th July, 2010. The parties were vide order dated 24th January, 2011 referred to mediation which though remained pending till 22nd October, 2013, failed. The counsels for the parties have been heard.

(3.) The deceased respondent/plaintiff, on 23rd October, 1963, instituted the suit from which this appeal arises, pleading: