BALWINDER SINGH Vs. MAGHAR SINGH AND OTHERS

JUDGEMENT

(1.) Defendant no.7 Balwinder Singh is in second appeal.

(2.) Respondent no.1 - plaintiff Maghar Singh filed suit against appellant and proforma respondents no.2 to 7 (defendants no.1 to 6) for specific performance of the agreement to sell alleging that defendant no.1 Santo, being owner of the suit land measuring 02 kanals, agreed to sell the same to the plaintiff for Rs. 34,000/- and received Rs. 5,000/- as earnest money and executed agreement dated 17.12.1999. Sale deed was to be executed on 17.01.2000. However, defendant no.2 Kundan Singh, alleging himself to be attorney of defendant no.1, executed sale deed of the suit land in favour of his sons defendants no.3 to 6 without consideration. Said sale deed is illegal and does not bind the plaintiff. Defendant no.2 was not attorney of defendant no.1. Defendants no.3 to 6 also had knowledge of the impugned agreement in favour of the plaintiff. On 17.01.2000 i.e. the date stipulated for execution of sale deed, the plaintiff went to the office of Sub Registrar with requisite money to get the sale deed executed in terms of the agreement, but the defendant did not turn up. Plaintiff has always been ready and willing to perform his part of the agreement. Defendant no.7 - appellant has purchased the suit land during pendency of the suit from defendants no.3 to 6, vide sale deed dated 13.03.2000. Plaintiff alleged that the said sale deed is also not binding on him.

(3.) Defendants no.1 to 4 filed written statement. However, written statement of defendant no.1 was filed by defendant no.2 as her attorney. It was pleaded that defendant no.2 is brother of defendant no.1, who is blind. Execution of impugned agreement by defendant no.1 was denied. It was alleged that the said agreement is result of fraud and forgery. It was also pleaded that defendant no.2 is attorney of defendant no.1 and as such, sold the suit land to defendants no.3 to 6 for valuable consideration and they have further sold it to defendant no.7, who is brother of the plaintiff.