SUKHDEV KAUR Vs. GURDEV SINGH

JUDGEMENT

(1.) Facts leading to the filing of present regular second appeal are as under:

(2.) Gurdev Singh, Gurmail Singh, Gurmit Singh, Harbhajan Singh and Nasib Singh sons of Wattan Singh, jointly owned the land in dispute in equal shares. All of them agreed to sell the same to Sukhdev Kaur, appellant-plaintiff vide agreement to sell dated 24.1.1983. Agreement was executed by Gurdev Singh for himself as well as on be-half of his other brothers, namely, Gurmail Singh, Gurmit Singh, Harbhajan Singh and Nasib Singh. He received Rs.10,500/-as ear-nest money. It was agreed that the sale deed would be executed and registered on or be-fore 21.4.1983.

(3.) The present suit has been instituted by Sukhdev Kaur, appellant-plaintiff for recov-ery of Rs.10,500/-which was paid as earnest money to Gurdev. Sin.gh, mainly on the ground that Central Government had drawn up a scheme for the establishment of Mili-tary Cantonment and as per that scheme, there was a proposal for acquisition of land situated at 16 villages including village Nasran within the revepue estate in which the land in dispute is located and the said fact was in the knowledge of respondent-de-fendant and, however, he intentionally did not disclose the same to appellant-plaintiff at the time of execution of the said agree-ment. Plea has also been taken that he was not having requisite power of attorney to sell the land on behalf of all other brothers and hence, the agreement was rendered void and a notice was served by her upon the defen-dant to refund a sum of Rs. 10,500/-,which was taken as earnest money alongwith an equal amount of damages and on his failure to pay the said amount, the present suit has been filed.