SHAMSHER SINGH Vs. SUKHBEER SINGH

JUDGEMENT

(1.) Heard Mr. Pramod Kumar Pandey, learned counsel for the defendants/ appellants and Mr. Chetan Chatterjee for the plaintiff- respondent No. 1.

(2.) Brief facts of the case are that defendant- Shamsher was recorded tenure holder of khasra No. 192 area 0.749 hectare situated in Village- Tabar Ahatmal, Pargana- Sarsawa, Tehsil- Nakud, District Saharanpur. A registered agreement to sale dtd. 13/6/1994 was alleged to be executed between defendant- Shamsher Singh and plaintiff- Sukhbeer Singh in respect to khasra No. 192 area 0.749 hectare for execution of sale-deed for 1,00,000/- in which 55,000/- was alleged to be paid as earnest money and 45,000/- was to be paid at the time of execution of sale-deed. Plaintiff has issued notice dtd. 2/6/1995 and 25/6/1995 to defendants fixing date for execution of sale-deed but defendants failed to appear before the Sub-Registrar. Defendant No. 1 executed sale-deed on 24/6/1995 in favour of defendant Nos. 2 to 4 in respect to khasra No. 192. Hence, an original suit No. 408 of 1995 was filed by plaintiff/ Sukhbeer Singh impleading defendant Nos. 1 to 6 for decree of specific performance and permanent injunction. The Trial Court vide judgment and decree dtd. 15/12/2022 dismissed the plaintiff's suit. A civil appeal No. 95 of 2022 filed by plaintiff was allowed by Additional District Judge, Saharanpur setting aside the judgment and decree of Trial Court dtd. 15/12/2022 and decreed the plaintiff suit. Hence this second appeal on behalf of defendants for following relief :-

(3.) Following substantial question of law are framed in memo of instant second appeal:-