NARINDER KAUR Vs. SURJAN

JUDGEMENT

(1.) Defendant Narinder Kaur, having remained unsuccessful in both the courts below, has come up by way of this second appeal. Plaintiff respondent Surjan filed suit for specific performance of the agreement to sell dated 11.01.1996 alleging that defendant's husband Hardial Singh alias Gurbachan Singh agreed to sell the suit land measuring 14 kanals to the plaintiff, vide agreement dated 11.01.1996 @ Rs.1,30,000/- per acre and received Rs.25,000/- as earnest money and delivered possession of the suit land to the plaintiff at the time of agreement. Sale deed was to be executed up to 31.12.1998. However, Hardial Singh alias Gurbachan Singh died on 28.05.1996 and on the basis of his Will, the defendant inherited the suit land. The plaintiff went to the office of Sub- Registrar on 31.12.1998 with requisite amount, for getting the sale deed R. S. A. No. 186 of 2010 2 executed and registered as per agreement, but the defendant did not turn up. The defendant refused to execute the sale deed as per agreement. Hence the suit.

(2.) The defendant resisted the suit and denied the plaint allegations. It was pleaded that defendant's husband never agreed to sell the suit land to the plaintiff, nor received any earnest money. It was also denied that possession of the suit land was delivered to the plaintiff at the time of alleged agreement. It was also pleaded that suit land was ancestral property of the defendant's husband, who was, therefore, not competent to sell the same beyond his share. Market value of the suit land in the year 1996 was also Rs.2,50,000/- per acre.

(3.) Learned Civil Judge (Senior Division), Jagadhri, vide judgment and decree dated 06.05.2008, decreed the suit of the plaintiff. First appeal preferred by the defendant has been dismissed by learned District Judge, Yamuna Nagar at Jagadhri, vide judgment and decree dated 13.11.2009. Feeling aggrieved, the defendant has preferred the instant second appeal.