KULDEEP SINGH Vs. SURESH

JUDGEMENT

(1.) The present appellant (then plaintiff) Kuldeep Singh initially filed against the present respondent (then defendant) Suresh a suit for specific performance of agreement dtd. 9/1/2004. The brief facts are that one Mangha Ram son of Khushi Ram, father of the defendant Suresh, admittedly was the owner in possession of certain land detailed in the suit in all measuring 127K 6M. It is alleged by the plaintiff that Mangha Ram entered into an agreement to sell in favour of the plaintiff on 9/1/2004 undertaking to sell his land @ Rs.6.00 lacs per acre, to which he had put a thumb impression and which was witnessed by one Satish Chopra and Ved Parkash as well as his two sons Jagdish Chander and Sunder Lal. In pursuance of this agreement, it is alleged that the same day Mangha Ram received Rs.10.00 lacs in cash as earnest money and it was agreed that the sale deed would be executed on or before 30/6/2004, however, Mangha Ram died the very next day i.e. 10/1/2004. It is subsequent the claim of the plaintiff that out of his five sons who inherited the estate of Mangha Ram, all except the defendant executed the sale deeds to which the defendant had refused and hence the suit in question. The defendants denied the averments and took the plea of lack of locus standi and maintainability of the suit.

(2.) On pleadings, the learned trial Court framed the following issues:-

(3.) Plaintiff examined Jagdish PW1 and himself appeared in the witness box as PW2 followed by Ved Parkash PW3 and Satish Kumar PW4 and tendered documents Ex.P1 to Ex.P10 and thereafter closed the evidence. The defendant Suresh on the other hand himself appeared as DW1 and closed his evidence. The plaintiff in rebuttal proved sale deed as Ex.P11.