RAM MURTI Vs. JOGA

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 23.11.2009, passed by the learned Courts below, vide which suit filed by the plaintiff/appellants for specific performance of agreement to sell dated 16.6.1983, stands dismissed.

(2.) The plaintiff/appellants filed a suit on the pleadings, that the defendant/respondents by way of agreement to sell dated 16.6.1983 had agreed to sell 1/11th share of the land at village Randhawa, Tehsil & District Patiala for a consideration of Rs. 25,000/- (Rupees twenty five thousand only). The plaintiff/appellants also challenged the sale deed executed by the defendant No. 1, in favour of the defendants No. 2 to 4 being illegal, void, ab initio, not enforceable, therefore, not binding on the rights of the plaintiff/appellants.

(3.) Interestingly, while filing the suit, the plaintiff/appellants moved an application to sue as an indigent person. The application moved by the plaintiff/appellants was, however, dismissed by the learned trial Court.