UJAGAR SINGH Vs. HARDALIP SINGH AND ORS.

JUDGEMENT

(1.) This is the second appeal filed by the appellant-plaintiff (hereinafter referred to as the appellant), after his suit seeking specific performance of an agreement of sale dated 28.09.1994, stated to have been executed by one Gurdev Singh, son of Labh Singh (as the general attorney of respondent no. 1 Hardalip Singh), was dismissed by the learned trial court and the first appellate court.

(2.) The learned trial court, in its judgment, held that in fact the appellant herein had failed to prove the execution of the agreement itself, with Gurdev Singh having died on 31.01.1996 and there being nothing on record to show that the appellant-plaintiff had ever approached defendants no. 1 and 2 (the 2nd respondent being the wife of the first respondent-defendant), either prior to Gurdev Singhs death or thereafter, seeking to execute a sale deed.

(3.) The case of the appellant was that Gurdev Singh and he had entered into the said agreement for the sale/purchase of land measuring 9 kanals and 2 marlas out of a total holding of 11 kanals and 06 marlas, as fully described in the plaint. Out of the total sale consideration settled, of Rs. 3,10,000/-, a sum of Rs. 2,10,000/- had been paid to Gurdev Singh as earnest money, with the date for execution of the sale deed fixed to be on or before 30.06.1996.