GIAN SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) GIAN Singh, Dhian Singh, sons of Sampuran Singh, Ranjit Singh son of Jagir Singh and Fateh Singh son of Ajit Singh (defendants in the trial Court) have filed the present R.S.A. and it has been directed against the judgment and decree dated 1.10.1999 passed by Additional District Judge, Amritsar, who allowed the appeal of Harbans Singh and Jagir Singh plaintiffs by setting aside the judgment and decree dated 13.12.1994 passed by the trial Court and a decree for specific performance of agreement of sale Ex.P1 with respect to the suit land was passed in favour of the plaintiffs and against the defendants with costs and directions were given by the first Appellate Court that the plaintiffs would deposit the remaining sale consideration in Court within three months from the date of the decision of the appeal i.e. 1.10.1999, failing which their suit shall stand dismissed.

(2.) SOME facts can be noticed in the following manner :- Harbans Singh son of Bhagwan Singh and Jagir Singh son of Sunder Singh filed a suit for possession by way of specific performance of agreement of sale dated 30.12.1991 with respect to the land measuring 23 kanals 10 marlas situated in village Talwandi Sohba Singh, Tehsil Patti, District Amritsar as per jamabandi for the year 1987-88 on payment of Rs. 30,250/-. They have prayed for the delivery of possession. In the alternative, the plaintiffs have prayed for a decree for specific performance of agreement to sell dated 30.12.1991 regarding land measuring 23 kanals 10 marlas of Thur/Khuh quality situated at Majha out of 60 kanals 2-1/3 marlas which forms 1/3rd share of 180 kanals 7 marlas of the land situated in village Talwandi Sobha Singh, Tehsil Patti, District Amritsar in their favour. The plaintiffs also prayed for permanent injunction restraining defendant No. 1 Harbhajan Singh from alienating the land measuring 23 kanals 10 marlas bearing Khata No. 265/755, Mushtif and Killa Nos. 74//3, 4, 7, 8, 13 situated in village Sobha Singh, Tehsil Patti as per jamabandi for the year 1987-88. Further the plaintiffs claimed in the alternative a money decree for a sum of Rs. 10,000/-, i.e. Rs. 5,000/- as earnest money and Rs. 5,000/- as damages, on the basis of agreement dated 30.12.1991.

(3.) IN support of their case the plaintiffs examined PW1 Ninder Singh, Deed- Writer, PW2 Tarlok Singh, PW3 Milkha Singh, PW4 Kulwant Singh and plaintiff Harbans Singh appeared as his own witness as PW5. He produced on record the agreement of sale dated 30.12.1991 Ex.P1. He also proved the endorsement Ex.P1/A of the Sub-Registrar. He further proved the application dated 10.1.1992 Ex.P2 showing that he was present in the office of Sub-registrar on 10.1.1992, the late date of performance of agreement. He also proved the endorsement of Sub-Registrar Ex.P3, his affidavit dated 10.1.1992 Ex.P4 and copy of the application dated 3.1.1992 Ex.PW2/A with endorsement of the Sub- Registrar of the same date Ex.PW2/B.