RANJIT KAUR Vs. GOBIND RAM ALIAS GOBINDER RAM

JUDGEMENT

(1.) Only brief facts are required to be noticed as the appeal is being disposed of in concurrence with the counsel for the parties i.e. appellant-Ranjit Kaur and Gobind Ram and others, plaintiff-respondents. Bikkor Singh owned 1/5th share in land measuring 9 kanal - 11 Marlas. He entered into agreement to sell 1 kanal 14 Marlas of land with Gobind and another on January 03, 1994. Sale deed was to be executed by May 30, 1994. In the meantime, on June 09,1994 Bikker Singh sold 8 Marlas of land to Ranjit Kaur. Since Bikker Singh's 1/5th share amounted to 1 kanal 8 marlas of land, the dispute arose. Gobind Ram and others filed a suit for specific performance on the basis of agreement to sell dated January 03, 1994. The suit was decreed by the trial Court. However, in the judgement and decree the area mentioned was 1 Bigha - 18 Biswas. An appeal was filed by Bikker Singh where this correction was made that the land for which the suit for specific performance was decreed, was 1 Kanal - 18 Marlas. it was further observed that deficiency in the are of Ranjit Kaur could be made from other unsold land of Bikker Singh. The present repeal has been filed by Ranjit Kaur. During the pendency of the appeal, interim order was passed on January 27, 1999, directing the execution of decree to continue; possession to be delivered to Gobind Ram and another, plaintiffs, of 1 Kanal - 14 Marlas of land and with regard to possessing of land in excess of 1 Kanal - 14 Marlas which was with Ranjit Kaur, status quo to be maintained.

(2.) Now, it is agreed that parties will maintain status quo with regard to the land as ordered on January 27, 1999 and that Ranjit Kaur will get deficiency, if any from the unsold land of Bikker Singh in appropriate proceedings. It is so ordered. The appeal is disposed of accordingly. Copy of the order be supplied to the counsel/parties.