GURMAIL SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) This petition has been presented under Article 227 of the Constitution assailing the order of the learned District Judge, Patiala dated 1.10.2019 setting aside the order of the trial court allowing the defendant's application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 by rejecting the plaint. The trial terminated has been revived for adjudication. The prayer is for setting aside the order as erroneous.

(2.) The facts are that the petitioner was one of the defendants in the suit instituted on 20.4.1995 by the plaintiff praying for specific performance of an agreement dated 8.2.1994 for sale and purchase of land measuring 16 Kanals 0 Marla by directing the contesting defendant to execute and get the sale deed registered in favour of the plaintiff on payment of the balance sale consideration and for permanent injunction restraining the defendant from creating any encumbrance on the suit property. The target date fixed was 5.2.1995 to await receipt of balance sale consideration and for registration. The defendant committed breach of contract to sell the land by backing out of the deal.

(3.) The aggrieved plaintiff filed a suit for specific performance of the agreement. Eventually, learned Civil Judge (Sr.Division), Patiala partly decreed the suit by judgment and decree dated 9.1.2008. The trial judge found that the defendant had only 11 Kanals 6 Marlas of land in his ownership and to that extent, the suit was decreed. The remaining land was in the ownership of his parents which he had no power to sell. The appeal filed by the defendant against the said decree was dismissed by the learned Addl. District Judge, Patiala. The decree was executed to the extent of 11 Kanals 6 Marlas out of 16 Kanals- 0 Marla of land.