SOHAN LAL Vs. SHANTI DEVI

JUDGEMENT

(1.) The heirs of the unsuccessful plaintiff have come up in second appeal against the judgment and decree of the first Appellate Court affirming on appeal those of the trial Judge whereby the suit filed by their predecessor-in-interest for specific performance of the agreement to sell dated December 30, 1960 was dismissed.

(2.) The FACTS : The predecessor-in-interest of the respondents, namely, Kishan Chand and of the plaintiff/appellants, namely, Thakur Dass entered into agreement to sell dated December 30, 1960 with regard to Shop No. NK/186/4 situated in Bazar Charat Singh, Jullundur. The agreement stipulated that Thakur Dass would pay the price of the shop as and when fixed by the Rehabilitation Department and Kishan Chand would execute a formal sale deed in his favour on receiving conveyance deed from the Government. Kishan Chand received Rs. 224/- from Thakur Dass on 31.1.1961. He agreed to execute the sale deed on receipt of a further sum of Rs. 80/- from Thakur Dass and on receipt of the sale certificate from the Government. The sale certificate was issued but Kishan Chand did not execute the sale deed in favour of Thakur Dass and this led to the filing of the suit for specific performance of the agreement to sell against the heirs of Kishan Chand, who died in the year 1963.

(3.) The defendants denied the execution of the agreement to sell and the receipt of any money under the agreement. They, however, -admitted that the certificate was received by them from the Rehabilitation Department on December 12, 1962.