AWADH RAJ Vs. GULAB SINGH

JUDGEMENT

(1.) This is second appeal against the judgment and decree dated 26.2.1981 passed by the IInd Additional District Judge, Pratapgarh in Civil Appeal No. 199 of 1978 arising out of Original Suit No. 13 of 1978.

(2.) I have heard Shri H.S. Jain for the appellants and Shri H.G.S. Parihar for the respondents. PLEADINGS

(3.) Smt. Ram Rati, the plaintiff filed a suit for specific performance of the agreement to sell the land in suit executed by Sant Bux Singh, the defendant No. 1 in her favour impleading Smt. Awadhraj and Lalta Prasad Singh, the subsequent purchasers of the land in suit by a registered sale deed executed by Sant Bux Singh, the defendant No. 1. The case of the plaintiff is that in January, 1978, the defendant No. 1 Sant Bux Singh agreed to sell the land in suit in consideration of Rs. 6,000 after receiving Rs. 1,000 as advance of the sale consideration. The rest of the sale consideration was to be paid at the time of registration of the sale deed. An agreement to sell dated 31.1.1978 was got registered and the possession was also delivered to the plaintiff. It was agreed that the plaintiff would get the sale deed executed within two months from the date of the agreement. The plaintiff sent a registered notice to the defendant No. 1 on 17.3.1978 but he refused to receive the notice and executed a sale deed in favour of the defendant Nos. 2 and 3. The defendant Nos. 2 and 3 had full knowledge of the earlier registered agreement in favour of the plaintiff and they had also knowledge about the possession of the plaintiff over the disputed land. The plaintiff has always been ready and willing to perform the agreement.