TARA CHAND Vs. PARKASH

JUDGEMENT

(1.) This is second appeal by Tara Chand defendant.

(2.) Respondent-plaintiff Parkash filed suit against defendant-appellant for possession of 5 Kanals 4 Marias land being l/4th share of 20 Kanals 16 Marias land, by way of specific performance of agreement to sell dated 26.04.1994. The plaintiff also claimed ancillary relief of permanent injunction.

(3.) Plaintiffs case is that the defendant agreed to sell the suit land to the plaintiff for Rs. 95,415/- and received the entire sale consideration and executed the impugned agreement dated 26.04.1994. The defendant had preempted the suit land and other land vide judgment and decree dated 15.04.1994 in preemption suit No. 209 of 1992. It was stipulated in the impugned agreement that sale deed would be executed in favour of the plaintiff after sanctioning of mutation in favour of defendant pursuant to preemption decree. Appeal against the preemption decree was dismissed vide judgment and decree dated 11.09.2002. Thereafter, in execution proceedings, possession of the suit land was delivered to the defendant and mutation was sanctioned in his favour on 20.05.2003. Thereupon the plaintiff asked the defendant to execute the sale deed in terms of the agreement. The plaintiff always remained ready and willing to perform his part of the contract but the defendant did not perform his part of the contract, necessitating the filing of the instant suit.