MAHINDER SINGH Vs. BUTA SINGH

JUDGEMENT

(1.) DEFENDANT Mahinder Singh having remained unsuccessful in both the courts below has filed the instant second appeal.

(2.) SUIT was filed by Gurbhej Singh (since deceased and represented by Buta Singh respondent no. 1 as his legal representative) and Baldev Singh plaintiff-respondent no. 2 against the appellant-defendant Mahinder Singh for symbolic possession of the suit land by way of specific performance of the agreement to sell dated 26.5.2003. The plaintiffs alleged that the defendant vide agreement dated 26.5.2003 agreed to sell suit land measuring 96 kanals 11 marlas (a little over 12 acres) to the plaintiffs at the rate of Rs 1,35,000/- per acre and executed impugned agreement dated 26.5.2003 and received Rs 6 lacs as earnest money at the time of agreement. The plaintiffs claimed to be in cultivating possession of the suit land as lessees. Sale deed was to be executed on 14.8.2003. Accordingly, on 14.8.2003, plaintiffs went to the office of Sub Registrar to get the sale deed executed in terms of the agreement with requisite amount but the defendant failed to turn up. The plaintiffs have always been ready and willing to perform their part of the contract. Plaintiffs also sent notice dated 27.12.2005 by registered post to the defendant and also made oral requests but the defendant failed to execute the sale deed and thereby committed breach of the agreement.

(3.) LEARNED Additional Civil Judge (Senior Division), Tohana vide judgment and decree dated 21.10.2009 decreed the plaintiffs' suit. First appeal preferred by the defendant stands dismissed by learned District Judge, Fatehabad vide judgment and decree dated 22.1.2010. Feeling aggrieved, defendant has preferred the instant second appeal.