MOHINDER SINGH Vs. HARJIT SINGH

JUDGEMENT

(1.) THIS is a litigation between the three real brothers - one on one side and the two on other side. Shri Mohinder Singh appellant filed a suit for possession for specific performance of contract of sale of the land measuring 36 kanals 19 marlas being 1/3rd share of the land as entered win the jamabandi for the year 1970-71, situated in the village Lohat, against his two brothers Harjit Singh and Karam Singh by alleging that the defendant had entered into an agreement of sale on his favour on 27.8.1973 and under the agreement the possession of the land was also given to him.

(2.) THE case set up by the plaintiff Shri Mohinder Singh against his two brothers was that Shri Puran Singh, father of the parties, was the owner of the land measuring 36 kanals 19 marlas situated in village Lohat fully detailed in the head note of the plaint as per jamabandi for the year 1970-71. On 27.8.1973 the defendants represented to the plaintiff that Shri Puran Singh had executed a will in favour of the defendants on 7.7.1968. The defendants entered into an agreement with the plaintiff to sell the land measuring 12 kanals 6 marlas i.e. 1/3rd share of the total land measuring 36 kanals 19 marks as entered in the Jamabandi for the year 1970-71 for a sum of Rs. 5000/-. It was also agreed between the parties that the defendants will execute the sale deed in respect of the land in dispute within one month from the date of the sanctioning of the mutation of inheritance to the estate of Puran Singh in accordance with the will dated 7.7.1968. It was also agreed that the registration expenses shall be borne by the plaintiff. Also it was agreed between the plaintiff and the defendants that if the defendants did not execute the sale in favour of the Plaintiff, they shall be liable to pay Rs. 5000/- which was received by them as earnest money and in addition to that they shall pay Rs. 5000/- as damages. The total sale consideration of the land was also Rs. 5000/-. According to the plaintiff, he is peaceful possession of the suit land since 27.8.1973 under the agreement. The mutation of inheritance in respect of the estate of Puran Singh has been sanctioned by the Assistant Collector Ist Grade, Garhshankar on 1.6.1976 in accordance with the will dated 7.7.1968. The defendants are shrewed persons and have backed out from the agreement. The time stipulated in the agreement has since expired. Earlier the plaintiff filed a suit for injunction, which was dismissed as withdrawn. Now, he has filed the suit for possession by way of specific performance. It was also pleaded by the plaintiff that he served a legal notice upon the respondents 8.6.1976. He even gave a telegram on 29.6.1976 to the defendants for execution of the sale deed, but the defendants did not reach in the office of the Sub Registrar. The plaintiff was always ready and willing to perform his part of the agreement. Defendants have refused to execute the sale deed. Hence the suit.

(3.) FROM the pleadings of the parties, the learned trial Court framed the following issues :