RAJINDER SINGH AND ORS. Vs. NARSI AND ORS.

JUDGEMENT

(1.) PLAINTIFF Daulat Ram had filed a suit for specific performance of agreement to sell dated 17.2.1985.

(2.) THE case of the Plaintiff, in brief, was that Tej Singh was owner of the property in dispute. After the death of Tej Singh, Defendants, being his only legal heirs, had inherited the estate of the deceased including the suit land. Tej Singh, during his life time, had executed the agreement to sell in question in favour of the Plaintiff qua the suit property. Tej Singh had received Rs. 11,500/ - as earnest money and had executed a separate receipt in this regard. The balance sale price was retained by the Plaintiff for payment to the mortgagees to get the suit land redeemed. The sale deed was to be executed on or before 1.12.1985 and possession of the land was to be handed over to the Plaintiff before 15.6.1985. Tej Singh had failed to execute the sale deed in favour of the Plaintiff. The Plaintiff had always ready and willing to perform his part of the contract.

(3.) ON the pleadings of the parties, following issues were framed by the trial Court: