KRISHNA KUMARI Vs. KRISHAN KUMAR

JUDGEMENT

(1.) This is second appeal by Krishna Kumari plaintiff having remained unsuccessful in both the courts below.

(2.) Appellant filed suit against respondent Krishan Kumar for specific performance of the agreement to sell dated 07.08.1996 relating to 1/4th share in disputed shop alleging that the defendant-respondent agreed to sell his 1/4th share in the disputed shop to the plaintiff for Rs. 45,000/- vide agreement dated 07.08.1996 and received the entire sale consideration. However, the defendant committed breach of the agreement and did not execute the sale deed in spite of notice. The plaintiff, besides relief of specific performance of the agreement to sell, also claimed permanent injunction restraining the defendant from alienating the 1/4th share in the disputed shop to anybody except the plaintiff.

(3.) The defendant inter alia pleaded that Ram Chander, M/s Dharam Pal Harish Kumar and Co., defendant Krishan Kumar and plaintiff's husband Jagir Chand had purchased 1/4th share each in the disputed shop from Bhiwani Improvement Trust in the year 1976 in open auction. Ram Chander and M/s Dharam Pal Harish Kumar and Co. sold their 1/4th share each to Dayavanti, who became owner of half share, whereas plaintiff's husband Jagir Chand continued to be owner of 1/4th share. The present defendant, who was owner of remaining 1/4th share, filed suit for partition of the disputed shop against Dayavanti and Jagir Chand, who in their written statement, alleged that Mul Chand and Shyam Lal had 1/12th share each in the disputed shop and defendant herein had only 1/12th share in the shop. Dayavanti is sister of defendant Krishan Kumar, whereas Jagir Chand aforesaid is husband of plaintiff Krishna Kumari. During pendency of the said aforesaid suit instituted by Krishan Kumar defendant herein, the impugned agreement dated 07.08.1996 was entered into. The said agreement was obtained by misrepresentation while the defendant had to undergo operation of both his eyes. Various other pleas were also raised.