MOHINDER SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 10.8.2000, passed by the learned Distt. Judge, Sangrur, who modified the order of the trial court and declared that during the pendency of the suit, the plaintiff-respondents shall not be dispossessed.

(2.) SOME facts can be noticed in the following manner :- Baljit Singh, Lal Singh and Avtar Singh, sons of Puran Singh, filed a suit for possession by way of specific performance on the basis of the agreement of sale dated 5.6.1997 and in the alternative with a prayer for recovery of Rs. 1,50,000/-, on the plea that the defendant Mohinder Singh had agreed to sell his land vide agreement of sale dated 5.6.1997. A sum of Rs. 75,000/- was paid as earnest money at the time of the registration. The defendant did not execute the sale deed on the date fixed. The possession was delivered to the plaintiff-respondents at the time of execution of the agreement.

(3.) THE learned trial court dismissed the application of the plaintiffs under O. 39 Rules 1 and 2, CPC, mainly on the ground that the agreement of sale does not convey any right, title or interest to the plaintiffs and, therefore, they are not entitled to protection of their possession.