RAJESH KUMAR Vs. PUSPSHA BANSAL AND OTHERS

JUDGEMENT

(1.) This is plaintiff/appellant's regular second appeal, against the judgment and decree dated 24.12.2009, passed by the learned courts below vide which suit filed by the plaintiff/appellant for possession by way of specific performance of agreement dated 25.7.1989 was dismissed.

(2.) The facts leading to the filing of the suit by the plaintiff are that Bharat Mittal, defendant No. 10, son of Jai Parkash is the real brother of defendants No. 1 to 9. Bharat Mittal defendant No. 10 agreed to sell land measuring 26 kanals 1 marlas vide agreement to sell dated 1.8.1985.A sum of Rs. 20,000.00 (Rupees twenty thousand only) was paid as earnest money. Another sum of Rs. 30,000.00 (Rupees thirty thousand only) was deposited by the plaintiff as trust money which was to be counted as earnest money for the landed property of defendants No. 1 to 9 and their mother Sarla Devi.

(3.) Later on Bharat Mittal consented to sell the land falling to the share of defendant No. 1 to 9 and his mother Sarla Devi vide agreement referred to above. In pursuance to the agreement 80 per cent of the sale deeds of the landed property of defendants No. 1 to 9 were executed by Bharat Mittal in his capacity as general attorney, as also more than 90 per cent of the area of their mother Sarla Devi was sold directly by Sarla Devi. It was, thus, claimed that agreement dated 1.8.1985 was binding on defendants No. 1 to 9, as it was acted upon by the defendants without any objection, though, through their general attorney, defendant No. 10. It was the further pleaded case of the plaintiff, that he was permitted to demarcate the plots, at the spot to enter into agreement with intending purchasers.