BABU RAM Vs. OM SINGH

JUDGEMENT

(1.) This is a defendants' second appeal, arising out of a suit for specific performance of contract.

(2.) Om Singh and Jay Bhagwan, who are the two respondents to this appeal, instituted Original Suit No. 769 of 1998 against Bhawar Singh, Suresh Pal, Rajpal, Tejpal, Babu Ram and Jagpal, all of whom are the appellants here, seeking a decree for specific performance of contract. It was the plaintiffs' case that defendant no. 1 to the suit, Bhawar Singh is the bhumidhar of agricultural land comprising plot no. 248(M) admeasuring 0.008 hectares, plot no. 250 admeasuring 0.010 hectares, plot no. 251(M) admeasuring 1.354 hectares, plot no. 252/1 admeasuring 0.086 hectares, plot no. 252/2 admeasuring 0.020 hectares and plot no. 253 admeasuring 0.089 hectares, aggregating an area of 1.567 hectares, situate at Village Harchandpur, Tehsil and District Baghpat. Out of the said plots, he had sold away on 15/6/1994, a substantial part in favour of the plaintiff-vendees, leaving a residue of 0.237 hectares. The defendant-vendor Bhawar Singh executed a registered agreement to sell, relating to the remainder of 0.237 hectares of land in the plots above detailed, in favour of plaintiff-vendees Om Singh and Jay Bhagwan, covenanting to sell the said property for a total sale consideration of Rs.48000.00. Bhawar Singh received in earnest a sum of Rs.5000.00 out of the contracted sale consideration.

(3.) The agreement to sell was admitted to registration by the Sub-Registrar on 15/6/1994. It was covenanted that the conveyance in terms of the suit agreement shall be executed by Bhawar Singh (hereinafter referred to as the 'defendant- vendor') within a period of 1 year and 3 months, that is to say, by 15/9/1995. The plaintiffs, Om Singh and Jay Bhagwan pleaded that they have been ever ready and willing to get a conveyance executed and registered in accordance with the suit agreement and have never neglected to perform their part of the contract. Om Singh and Jay Bhagwan shall hereinafter be referred to as the 'plaintiff-vendees'.