SH. BHULE SINGH Vs. SH. RAM SARUP (DECEASED)

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff No. 1 impugning the judgment of the Trial Court dated 4.5.2017 whereby the trial court has dismissed the suit for specific performance as also for recovery of Rs.10 lacs being double the amount of earnest money of Rs.5 lacs which is said to have been paid under the agreement to sell.

(2.) The facts of the case are that the appellant/plaintiff No. 1 pleaded that he along with the respondent No. 2/plaintiff No. 2 entered into an agreement to sell on 19.7.1999 with respondents/defendant for purchase of ?rd share of the respondents/defendant in 2400 sq. yds. forming part of Killa No.17, 24, 25 of Rectangle No. 40 situated in Village Karawal Nagar, Delhi.

(3.) I may note that the defendant has since died pendente lite and is represented by his legal heirs and who are the respondents in this appeal. Reference therefore in this judgment to the respondents will, depending on context, mean reference either to the original defendant or his legal heirs who are now the respondent Nos. 1(i) to 1(vi). Also it is required to be noted that there were two plaintiffs in the suit. Plaintiff No. 1 is the appellant in this appeal. Plaintiff No. 2 is the respondent No. 2 and obviously since he has not filed this appeal, he/respondent No. 2/plaintiff No. 2 is not challenging the impugned judgment.