AMARJIT SINGH Vs. BHAG SINGH AND ORS.

JUDGEMENT

(1.) Vide order dated 18.4.1994 Subordinate Judge 1st Class, Barnala decreed the plaintiff's suit for possession through specific performance of the agreement 19.2.1988 against Shinder Singh (since deceased) now represented by his window Smt. Mukhtiar Kaur and children Jagsir Singh and Paul Kaur, Jagjit Singh and Karamjit Singh and Amarjit Singh and Paramjit Singh, defendants on payment of the balance sale money and also for permanent injunction restraining them from alienating the land in suit i.e. 1/2 share of land measuring 56 kanals 10 marlas to any body else.

(2.) Bhag Singh filed suit for possession through specific performance against Shinder Singh (dead) now represented by his LR Mukhtiar Kaur and others qua half share of land measuring 56 kanats 10 marlas, as detailed in the head note of the plaint and for permanent injunction restraining them from alienating the land in suit in any manner whatever. It is alleged in the plaint that on 19.2.1988, Shinder Singh executed an agreement to sell 1/2 share of land measuring 56 kanals 10 marlas as detailed in the heading of the plaint to him at the rate of Rs. 30.000/ - per killa. At the time of execution of the agreement to sell dated 19.2.1988 a sum of Rs. 10,000/ - was paid as earnest money to Shinder Singh. Shinder Singh undertook to execute sale deed in favour of the plaintiff on or before 30.6.1988. Expenses of stamp and registration were to be borne by him (Bhag Singh). Agreement to sell was thumb marked by Shinder Singh, it was attested by Bhag Singh and Zora Singh as witnesses.

(3.) It is alleged in the plaint that he has always been ready and willing to pay the remaining sale money to Shinder Singh and obtain sale deed from him. On 30.6.1988 he went to the office of the Sub -Registrar with money ready with him including the one which was required for meeting the expenses of stamp and registration. He waited for Shinder Singh upto 5.00 PM. Shinder Singh, however, did not turn up. At last, he made application to the Sub -Registrar for getting his presence marked. That application was entered at Sr. No. 235.