ACHHAR SINGH Vs. GURDEV KAUR

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Shri Achhar Singh, has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 5.10.1999, passed by the Court of Additional District Judge, Ludhiana, which affirmed the judgment and decree dated 7.12.1998 passed by the trial Court, vide which the suit of the plaintiff for specific performance was dismissed with costs.

(2.) SHRI Achhar Singh is non else but the father-in-law of Smt. Ranjit Kaur and father of S/Shri Amarjit Singh, Sukhdev Singh and Tarlochan Singh, who are defendants Nos. 3, 4, 5 and 6 in the trial Court. It is a case of betrayal of trust which I will try to show from my subsequent discussion of my this judgment but at the moment, I may give the facts of the case leading to the present suit.

(3.) NOTICE of the suit was given to the defendants. Defendant No. 1 Smt. Gurdev Kaur and her attorney Shri Mohinder Singh, Defendant No. 2, filed a joint written statement and denied the claim of the plaintiff. They took the preliminary objections to the effect that suit is not within limitation and the plaintiff has not come to the Court with clean hands. On merits, it was alleged that agreement dated 21.11.1980 was executed but the same was rescinded and cancelled and two sale deeds i.e. one in the names of defendants No. 4 to 6 and other in the name of defendant No. 3 have been executed.