DARBARA SINGH Vs. CHAJJA SINGH

JUDGEMENT

(1.) 1. Present Letters Patent Appeal is filed challenging the judgement and decree dated 27.2.1992 passed by learned Single Judge of this Court thereby dismissing RFA No.492 of 1979 arising out of the judgement and decree dated 20.2.1979 passed by the trial Court dismissing the suit of the plaintiffs against the defendants seeking specific performance of the contract of sale.

(2.) BRIEF facts of the present case are that land of defendant respondent No.1 (vendor) was under mortgage with the plaintiffs appellants; defendant-vendor entered into an agreement to sell on 14.6.1972 with the plaintiffs for Rs.74000/-with the stipulation that mortgage amount of Rs.32,000/-payable to the plaintiffs would be adjusted against the sale price and an amount of Rs.25,500/-was paid to the vendor in cash as earnest money at the time of the execution of the agreement to sell and the remaining amount of Rs.16,500/-would be paid at the time of registration of the sale deed, which was agreed to be executed on or before 25.1.1973; at the first instance, the plaintiffs filed Civil Suit No.737 of 14.12.1972 against the vendor and other defendants for injunction restraining them from transferring the land subject matter of agreement to sell, to anybody else except the plaintiffs; the suit was decreed on 1.3.1973; the vendor defendant in contravention of the agreement to sell and the Civil Court decree dated 1.3.1973, transferred the suit land to the defendants- respondents by sale deed dated 15.12.1972 and 27.3.1974. The plaintiffs filed present suit for decree for specific performance of the agreement to sell and in the alternative, for recovery of Rs.25,500/-.

(3.) THE trial Court vide judgement and decree dated 20.2.1979 dismissed the suit of the plaintiffs for decree for specific performance or in alternative, for recovery of Rs.25,500/. Learned Single Judge of this Court also dismissed the first appeal filed by the plaintiffs appellants before us. Both the Courts have observed that the alleged agreement to sell dated 14.6.1972 is not proved having been executed by the defendant Chajja Singh.